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VIJAY BISHNOI
Fateh Singh – Appellant
Versus
Hasti Mal – Respondent
ORDER
1. The S.B. Civil Writ Petition No.6299/2019 is filed by the petitioners being aggrieved with the order dated 14.03.2018, whereby the trial court has rejected the application filed by the petitioners under Order 8 Rule 1 CPC to allow them to produce original documents, photocopies of which, have already been filed by the petitioners alongwith the written statements. The trial court has rejected the said application while observing that the petitioners have failed to mention in their application that how the original documents are relevant. The trial court has also observed that though the petitioners were impleaded as party in the suit and the evidence in the case was started on 13.07.2012, however, as the application is moved by the petitioners in the year 2018 with a great delay, therefore, the same was dismissed by the trial court.
2. Learned counsel for the petitioners has submitted that alongwith the written statements, they have filed certain photocopies of the documents and vide application under Order 8 Rule 1 CPC, the petitioners have sought permission to produce the orginal documents on record, however, the trial court without considering this aspect of the matter, h
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 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....
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....
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....
Courts can entertain a petition against a subsequent order if setting aside the first order would render the subsequent order invalid. Courts may interfere with orders permitting the production of do....
Production of documents – Deletion of Order XVIII Rule 17-A of CPC does not disentitle production of evidence at a later stage.
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