Bombay High Court
Indian Overseas Bank
Versus
Shreekrishna Woollen Mills Pvt. Ltd. and others
Decided On:

Headnote:Order 11, Rule 14-Production of document-Power of the Court to call for-the power is discretionary-It can be done at any time during the pendency of the suit.

       Order II of the Civil P. C. deals with discovery and inspection. Under Order II, Rule 12 there is a provision for discovery of documents by filing an affidavit of documents. Ordinarily under the scheme of Order II affidavits of documents have to be filed after the pleadings are completed. Inspection is granted of documents which are disclosed in the affidavit of documents thereafter. Under Order 11, Rule 15, however, a party to a suit may obtain production and inspection of documents referred to in the pleadings or affidavits of the other side before the pleadings are complete. Apart from this provision, a party cannot normally ask for production for inspection of documents at a stage prior to the filing of affidavits of documents. Under Order 11, Rule 14, however, the Court has the discretion to order production of documents at any stage.

       Order 11, Rule 14 does not prescribe any particular stage at which such production of documents can be ordered by the court. It can be done at any time during the pendency of the suit. The production of documents under Order II, Rule 14, however is at the discretion of the court. Under the normal scheme of production of documents at the instance of parties, documents are produced and inspection given after the pleadings are concluded. Under Order 11, Rule 14 however, the court may in the discretion at any stage direct the documents relating III any matter in question in such suit to be produced. It is not mandatory for the Court to direct production of such documents whenever asked for.

       For Citation : AIR 1988 Bom 343 : (1988) 2 Bank CLR 595