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PRATHIBA M. SINGH
Namita Verma – Appellant
Versus
Momman Khan – Respondent
JUDGMENT
Prathiba M. Singh, J. - This hearing has been done in physical Court. Hybrid mode is permitted in cases where permission is being sought from the Court.
2. The present petition challenges the impugned order dated 10th April, 2019 by which the Trial Court in CS No.8953/16 titled Namit Verma & Ors. v. Momman Khan & Ors. has directed the production of original documents in the application under Order XIII Rule 1 CPC filed by the Plaintiffs/Petitioners (hereinafter "Plaintiffs"). The Plaintiffs herein had sought permission merely for dispensation of the requirement to file original documents on record. The Plaintiffs instead sought directions to produce the relevant original documents in Court, for the Defendants to inspect the same at a convenient date, in terms of the judgment of the ld. Single Judge of this Court in Aktiebolaget Volvo and Ors. v. R. Venkatachalam and Ors., 160 (2009) DLT 100. The relevant extract of the said decision is as under:
"12. The CPC in Order 13 Rule 1 for the first time provides for the parties to "produce" before the settlement of issues "all the documentary/evidence in original where the copies thereof have been filed along with the plaint or writt
The central legal point established is that the requirement under Section 62 of the Evidence Act and Order 13 Rule 1 of the CPC regarding production of original documents is for inspection of the cou....
The court concluded that the requirement for original documents pertains only to their production for inspection, allowing plaintiffs to avoid filing originals.
The court held that secondary evidence obtained through the RTI Act can be allowed in court when original documents are unavailable, emphasizing the necessity of proper reasoning for rejecting such a....
The court ruled that secondary evidence can be admissible under the CPC when original documents are unavailable, and trial courts must provide cogent reasoning for rejecting such applications.
The defendant can produce documents subsequently only in special and extenuating circumstances with the court's permission, and procedures cannot be implemented to cause injustice or prejudice to any....
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