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BIVAS PATTANAYAK
Sampa Roy – Appellant
Versus
Mili Roy – Respondent
JUDGMENT :
BIVAS PATTANAYAK, J.
1. This revisional application has been filed by the petitioners under Article 227 of the Constitution of India challenging order dated 23rd February, 2022 passed by learned Civil Judge (Junior Division), 6th Court, Howrah in Title Suit No. 840 of 2018 rejecting the prayer of the petitioners for discovery, production and inspection of documents under Order XI Rule 12, 14 and 15 of the CIVIL PROCEDURE CODE .
2. The brief fact of the case is that petitioners filed a suit being Title suit No. 840 of 2018 for declaration and permanent injunction against the opposite parties contending, inter alia, that one Probhat Kumar Roy, since deceased, purchased the suit property in benami of defendant No. 1 Mili Roy by dint of a deed of sale no. 119 for the year 1995. The opposite party No. 2, Himanshu Roy also filed a suit against petitioner No. 1 praying for a decree for eviction of licensee being Title suit No. 875 of 2018. Both the aforesaid suits are being tried analogously by the learned trial court. The petitioners filed an application under Order XI Rule 12, 14 and 15 of the CIVIL PROCEDURE CODE for discovery, production and inspection of original deeds bein
The court established that procedural delays should not prevent the introduction of relevant evidence, prioritizing substantial justice.
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 trial court has discretion to deny the introduction of documents not existing at the time of the suit and lacking relevance to current proceedings.
Judicial officers should not be impleaded in writ petitions, and applications under Order XI must be timely and relevant to the case.
The plaintiff must timely demonstrate necessity for document production; delay without justification undermines the application for summons.
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