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SUDESH BANSAL
Anil Kumar Purohit S/o Late Shri Radha Kishan Purohit – Appellant
Versus
Ashok Kumar Purohit S/o Late Shri Radha Kishan Purohit – Respondent
ORDER :
1. With the consent of learned counsel for both parties, the writ petition has been heard finally on merits.
2. Instant writ petition under Article 227 of the Constitution of India has been filed by the petitioner-defendant No. 2, feeling aggrieved by the order dated 09.05.2022 passed by the Additional District Judge No. 4, Jaipur District in Civil Suit No. 69/2018, dismissing his application under Order VIII Rule 1(3) CPC and declining to take the original bank passbooks and bank statement of defendant No. 1-Radha Kishan Purohit (now deceased) and of defendant No. 2-Anil Kumar Purohit.
3. Brief facts of the case as revealed from the record are that the respondent No. 1-plaintiff has filed a civil suit for partition and permanent injunction in respect of three immovable properties described in Para No. 2 of the plaint. The suit has been resisted by the petitioner-defendant No. 2 and in the written statements, a plea has been raised that an another immovable property Plot No. B-36, Anita Colony, Bajaj Nagar, Jaipur is also joint property of family, which has not been included by the plaintiff in the suit of partition and a counter claim has made in the written statement. In res
The court reaffirmed that the discretion to allow late document production should prioritize substantial justice over procedural technicalities.
The defendant's failure to plead reliance on documents in a written statement precludes their admissibility, highlighting the importance of adhering to procedural rules under the Civil Procedure Code....
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....
Belated production of original document central to dispute allowed post-evidence if relevant to real controversy, to serve justice in family Will dispute, subject to costs and limited proof opportuni....
(1) High Court has to exercise its supervisory powers sparingly and in appropriate cases to keep subordinate Courts in their authority. (2) Where a suit is based on documents, furnishing of copy of d....
The court emphasized that the lower court's order for document production must not be a dilatory tactic and should adhere to legal principles governing such applications.
Defendants' failure to show due diligence and timely filing of documents justifies dismissal of their applications under the Code of Civil Procedure and no grounds were shown for High Court intervent....
While exercising jurisdiction under Article 227 of the Constitution of India, the Court is not sitting as an appellate court over the orders passed by the subordinate courts.
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