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2016 Supreme(Bom) 1200

C.V.BHADANG
Manguesh Rajaram Wagle – Appellant
Versus
Suresh D. Naik Major – Respondent


Advocates Appeared:
For the Petitioners:Mr. S.D. Lotlikar, Senior Advocate with Mr. C. Padgaonkar, Advocate.
For the Respondent:Smt. A. Agni, Senior Advocate with Ms. A. Kamat, Advocate.

Judgement Key Points

Based on the provided legal document, the main legal points established are as follows:

  1. The finality of earlier rejections of similar requests for production of documents is upheld. Once a request has been rejected and the order has attained finality, subsequent attempts to produce the same documents are not generally permitted, especially when the earlier rejection was based on lack of relevance or other valid grounds (!) (!) (!) .

  2. The party seeking to produce documents must demonstrate their relevance to the issues at hand. Merely requesting the production of documents without establishing their relevance to the specific issues or without explaining their importance is insufficient for the court to grant such production (!) (!) .

  3. The scope of the provisions for production of documents is limited to documents on which the party relies or on which the plaint is based, and does not extend to documents produced solely for cross-examination or to refresh a witness’s memory, especially when the evidence has already been closed (!) (!) (!) .

  4. Repeated or similar applications for production of documents, filed after the evidence stage has been reached and the case has been substantially closed, are generally not entertained unless exceptional circumstances are demonstrated. Courts have emphasized that such attempts are often aimed at prolonging proceedings and are not justified when previous orders have rejected similar requests (!) (!) (!) .

  5. The procedural provisions governing production of documents, such as Order VII, Rule 14, and Order XIII, are strictly interpreted. Applications that do not comply with these provisions or are filed without proper explanation of relevance are liable to be rejected (!) (!) .

  6. The court’s jurisdiction under constitutional and procedural law is limited to ensuring that subordinate courts and tribunals operate within their authority, and interference is only warranted when there is a clear breach of legal principles or procedural irregularity. The court dismissed the petitions when it found that the orders under challenge were within the proper exercise of judicial discretion and procedural rules (!) .

In summary, the judgment underscores the importance of finality in procedural orders, the necessity of establishing relevance when seeking production of documents, and the strict interpretation of procedural rules governing document production. It also highlights that attempts to reintroduce previously rejected evidence or documents without proper justification are generally not permissible.


JUDGMENT :

1. Rule in all the petitions. The learned Counsel for the contesting respondent nos.1 and 2(i) to 2(vii) waives service. Heard finally by consent of the parties.

2. All these petitions are between the same parties and arise out of the orders passed in R.C.S. No. 279/2000/D. They involve common and connected questions of law and fact and as such, are being disposed of by this common judgment.

3. The brief facts, necessary for the disposal of the petitions may be stated thus:

That 'Garage premises' situated on the ground floor of a building known as 'Yasin Manzil' standing on Chalta No.126 of P.T. Sheet No.66, City Survey of Panaji are the subject matter of dispute and are hereinafter referred to as the suit premises.

The petitioners herein are the original plaintiff nos.2(a) and 2(b) while the respondent nos.1 and 2(i) to 2(vii) are the original defendants. Rest of the respondents are co-plaintiffs, along the plaintiffs. For the sake of convenience, the parties are referred to in their original capacity as the plaintiffs and defendants.

The original plaintiff Manguesh Wagle and now deceased Anandibai Wagle filed RCS No.279/2000/D (Old Special Civil Suit No.5/1992) against the d

















































































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