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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.C.DOSHI
Bhimjibhai Narshihbhai Malaviya – Appellant
Versus
Prathmesh Farms Private Limited – Respondent
| Table of Content |
|---|
| 1. background of the lawsuit and appeal (Para 1 , 2) |
| 2. arguments of both parties regarding document production (Para 3) |
| 3. court's reasoning on the trial court's error (Para 4 , 5) |
| 4. conclusion allowing document production (Para 6) |
JUDGMENT :
J.C. DOSHI
Order passed below Exh.523 in RCS No.199 of 2001 dated 30/12/2021 by the trial court is sought to be challenged in this petition under Article 227 of the Constitution of India whereby the petitioners – defendants no.9 and 10 sought to produce the documents vide list produced at Exh.524 wherein the trial court mainly relied upon the reasons that defendant no.9 and 10 are intended to produce the document at belated stage; without any explanation and seven witnesses from the plaintiff side and two witnesses from the defendant side are examined and hence reason to allow the production of document at belated stage and as such passed the impugned. However, while passing such order, the trial court allowed document at Sr. No.1, 2, 7, 10, 44 and 54 to 56 but the application for production of other documents are rejected.
2. The short facts of the case are that Regular Civil Suit No.199 of 2001 is filed seeking declaration, perman
A defendant may produce documents at a later stage in civil proceedings if a bona fide explanation for the delay is provided, and no surprise is caused to the opposing party.
The second opportunity to produce documents under Order VIII Rule 1A(3) is for those who have produced documents with the written statement and have accountable reasons for not producing certain docu....
The court has the discretion to allow the production of additional documents at a later stage of a suit if they are essential for the complete adjudication of the dispute and do not cause irreparable....
Procedural violations should not impede justice, and courts must favor substantial justice over rigid adherence to rules, particularly when no prejudice to the opposing party has been demonstrated.
The trial court must afford due opportunities to the parties to contest the case and cannot adopt an extremely harsh and hyper-technical approach in rejecting applications for taking documents on rec....
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