ORDER
Sat Pal, J.
1. This petition has been directed against the order dated 13.8.1997 passed by the Civil Judge, Junior Division, Jagraon. By this order, the learned trial Court has dismissed the application filed by the plaintiff-petitioner for production of certain documents which are in possession of defendant No. 8 namely – Swami Nahar Singh Memorial Hospital Society. Notice of this petition was issued to the respondents.
2. Mr. Mahajan, learned counsel appearing on behalf of the respondent- defendant No. 8 has raised a preliminary objection to the effect that the suit filed by the plaintiff is for declaration to the effect that the defendant is the Manager/Mohtmim of the defendant No. 1 and has also prayed for a decree of rendition of accounts of the Hospital Society. He submits that as to whether the plaintiff is entitled to a decree of rendition of accounts, issue has been framed and unless and until the issue is decided in favour of the plaintiff, the plaintiff is not entitled to the relief prayed in the application.
3. After hearing the learned counsel for the parties and having perused the impugned order, I am of the opinion that the impugned order cannot be legally sustained so far as the production of minutes book containing the resolution dated 2.12.1988 is concerned. In the written statement, the defendants themselves have relied on this resolution to contend that the Hospital Society was created vide said resolution. In view of the above discussion, the petition is partly allowed and the impugned order dated 13.8.1997 passed by the learned trial court is modified in the manner indicated hereinabove. Consequently, the defendant No. 8 is directed to produce the minutes book containing the resolution dated 2.12.1988 before the learned trial Court. With this order, the petition stands disposed of.