A defendant has a right to inspect documents referred to in the plaint before filing a written statement, as this is necessary for the defendant to formulate a defense. Denying inspection would deny the defendant the opportunity to fully disclose their defense.

JUDGMENT :

Obul Red di, J.

The scope and application of Rules 15 and 18 of order 11 C.P.C. are involved in this revision. The petitioner (defendant) made an application before the Chief Judge City Civil Court, Hyderabad supported by an affidavit, under order 11, Rules 15 and 18 and section 151 C.P.C. to direct the plaintiff to produce the ten document listed out in the petition for inspection and to permit him to take copies thereof. P is not in dispute that the documents in respect of which inspection was asked for by the petitioner were all referred to in plaint. The objection raised by the plaintiff in the court below was that the documents, though referred to in the plaint, are not material and that they cannot be made available even before the defendant disclosed his defence in the written statement. The learned Chief Judge, relying up on a decision of this court in Andhra Bank v. Narendranath, AIR 1956 Andhra 115 held that the defendant cannot insist upon the production and inspection of the documents "at this stage" meaning even before the defendant filed the written statement.

2. Mr. B. C. Jain appearing for the petitioner contended that the decision relied upon by the court below and here by the Additional Government Pleader, who resisted this revision, supports the petitioners case that inspection of documents referred to in the plaint shall be given when asked for.

3. To appreciate the contention it is necessary to quote the relevant rules. Rules 15 and 18 of Order 11 C.P.C.

"15. Every party to a suit shall be entitled at any time to give notice to any other party, in whose pleading or affidavits reference is made to any document, to produce such document for the inspection of the party giving such notice, or of his pleader, and to permit him or them to take copies thereof; and any party not complying with such notice shall not afterwards be at liberty to put any such document in evidence on his behalf in such suit unless he shall satisfy the court that sech document relates only to his own title, he being a defendant to the suit, or that he had some other cause or excuse which the court shall deem sufficient for not complying with such notice, in which case the court may allow the same to be put in evidence on such terms as to costs and otherwise as the court shall think fit.

18 (1) Where the party served with notice under Rule 15 omits to give such notice of a time for inspection or objects to give inspection, or offers inspection elsewhere than at the office of his pleader, the court may on the application of the party desiring it, make an, order for inspection in such place, and in such manner as it may think fit: Provided that the order shall not be made when and so far as the court shall be of opinion that it is not necessary either for disposing fairly of the suit or for saving costs.

(2) Any application to inspect the documents, except such as are referred to in the pleadings, particulars or affidavits of the party against whom the application is made or disclosed in his affidavits or documents, shall be founded upon an affidavit showing of what documents inspection is sought, that party applying is entitled to inspect them, and that they are in the possession or power of the other party. The court shall not make such order for inspection of such documents when and so far as the court shall be of opinion that it is not necessary cither for disposing fairly of the suit or for saving costs."

4. Rule 15 deals with documents referred to in the pleadings or affidavits and a party to the suit has a right to give notice to the opposite party in whose pleadings reference is made to any document, to produce such document for his inspection and also to take copies thereof. If the party, who is called upon to produce documents referred to in the pleadings, fails to comply with the notice requiring him to make the documents referred to in the pleadings available for inspection, he shall not afterwards be at liberty to put any s