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2007 Supreme(Ker) 304

M.SASIDHARAN NAMBIAR
Ismail Pillai Mohammed Haneefa – Appellant
Versus
Mohammed Ali Vaidyan – Respondent


Judgment :-

When a defendant fails to produce a document as directed by the court in an application filed by the plaintiff whether his defence could be struck off under Rule 21 of Order XI of Code of Civil Procedure? Even if the defence is struck off can the court deny the defendant his right to cross-examine the witnesses examined on the side of plaintiff? These are the substantial questions of law to be decided in the second appeal.

2. Respondent instituted the suit before Munsiff Court, seeking a decree for injunction. Appellant, the defendant filed a written statement disputing the right and possession claimed by respondent. Trial court framed necessary issues. Respondent filed I.A.837 of 1987 purporting to be under Rule 11 of Order XI seeking an order directing appellant, defendant to produce the original of the registered sale deed which is claimed to be in his possession. Trial court directed appellant to produce the original sale deed. Appellant did not produce the document. Thereafter respondent filed I.A.163 of 1988, an application under Rule 21 of Order XI to strike off the defence. The petition was opposed by the appellant. He also filed an affidavit to the effect that h





















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