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2017 Supreme(Chh) 739

SANJAY K.AGRAWAL
VIJAY LAXMI SHARMA – Appellant
Versus
DUSHYANT KUMAR SHARMA – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri Hari Agrawal, Advocate
For the Respondent:Shri Amit Sharma, Advocate

ORDER :

Sanjay K. Agrawal, J.

By way of instant writ petition, the petitioners/defendants have called in question the rejection of their application in part by the trial Court declining to take photocopy of the documents on record.

2. Shri Hari Agrawal, learned counsel for the petitioner vehemently contented that photo copy of the documents can be taken on record under Order 8 Rule 1-A of the CPC. He placed reliance upon the decision of the Delhi High Court in the matter of Aktiebolagetvolvo & others v. R. Venkatachalam & another, ILR (2009) VI Delhi 233 in support of his case.

3. Per contra, Shri Amit Sharma, learned counsel appearing for the respondent/plaintiff would submit that photo copy of the documents is not at all admissible in evidence and it cannot be exhibited in evidence.

4. I have heard learned counsel appearing for the parties and perused the order impugned with utmost circumspection.

5. Order 8, Rule 1-A of the CPC states as under:-

[1-A. Duty of defendant to produce documents upon which relief is claimed or relied upon by him.- (1) Where the defendant bases his defence upon a document or relies upon any document in his possession or power, in support of his defence or cla













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