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SACHIN SHANKAR MAGADUM
R. Shankar, S/o. R. Prabhakar – Appellant
Versus
E. Rammohan Chowdary, S/o. E. Yerrappa – Respondent
ORDER :
Sachin Shankar Magadum, J.
1. This petition is filed by the petitioner challenging the order passed by the learned Judge in Civil Miscellaneous No.20/2018, seeking return of the original documents produced by the petitioner-defendant and the original title documents produced by the respondent-plaintiff in O.S.No.62/2001.
2. The learned Judge partially allowed the civil miscellaneous petition, ordering the return of original documents i.e., Exs.D-1 and Ex.D-2 after obtaining certified copies. Aggrieved by the non-return of the original title documents produced by the respondent-plaintiff, the petitioner filed a review petition. The review petition was dismissed on the ground that the title documents were produced by the respondent-plaintiff and under Order XIII Rule 9 of the Code of Civil Procedure, 1908 (CPC), documents admitted in evidence should be returned to the person who produced them in the suit. These two orders are now under challenge.
3. Heard learned counsel appearing for the petitioner. Perused the records.
4. The facts leading to the case are as under:
The respondent-plaintiff initiated a suit for specific performance in O.S.No.62/2001 based on an agreement to sell d
Rightful ownership of documents prevails over procedural production in court, ensuring fair administration of justice.
Agreement to sell – Plaintiff, having lost suit, has no legitimate claim to retain title documents.
The obligation to produce original documents under CPC dictates that a defendant must supply originals at the time of filing, subject to court's permission for exceptions.
The court emphasized that documents crucial for defense cannot be rejected solely for late production if they are supported by existing pleadings, affirming judicial discretion under procedural rules....
The court emphasized that the production of documents relevant to the title in a partition suit must be considered judiciously, and unjust dismissal of such requests is not permissible.
The court allows a writ petition directing tax authorities to return a title deed or confirm its loss, clarifying obligations under statutory procedures.
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