Non-compliance with an order for discovery of documents under Order 11 Rule 21 of CPC can lead to dismissal of a suit for want of prosecution.

JUDGMENT :

The instant writ petition has been filed by the petitioner/defendant with the following reliefs:-

“(i) Issue an order or direction setting aside the impugned judgment and order dated 07.04.2022 passed by District Judge, Dehradun in Civil Revision No.26 of 2022 and order dated 12.01.2022 passed by the IInd Additional Civil Judge (Senior Division) Dehradun in Regular Suit No.735 of 2007 and allow the application Paper No.109C2 dated 03.01.2022 filed under Order 11 Rule 21 of the Code of Civil Procedure and dismissed the Suit No.735 of 2007 pending in the court of IInd Additional Civil Judge (Senior Division) Dehradun.

(ii) Issue any other or further writ, order or direction which this Hon’ble Court may deem fit and proper in the circumstance of the case.

(iii) To award the cost of the petition in favour of the petitioner.”

2. An original suit has been filed by the respondent/plaintiff bearing Original Suit No.735 of 2007, Gunanand Dhyani vs. Jan Shiksha Samiti in the court of IInd Additional Civil Judge (Jr. Div.), Dehradun for a mandatory injunction to demolish the illegal construction made by the petitioner/defendant over the land in question and to hand over the vacant and actual possession to the respondent/plaintiff.

3. The suit was filed by the respondent/plaintiff with the averments that he is the owner in possession of the land in question situated at Khasra No.2320 of Khata No.263 measuring 0.0810 hectares, situated at Mauja Mehuwala Mafi, Pargana Kendriya Doon Tehsil, District Dehradun. It is the case of the respondent/plaintiff that the aforesaid land was purchased by him through a registered sale deed dated 08.01.1999 from its owner through Shri Devi Singh, Son of Shri Ratan Singh and the sale deed was registered in the office of the Registrar on 08.01.1999.

4. It is submitted that in the year 1994, the petitioner society was incorporated with the help of other respectable persons of the area; the land was purchased in the year 1994. Over the said land Doon Modern High School was established. It is the contention of the respondent/plaintiff that he was the Secretary of the society in the beginning and worked as Manager. Later on, hatching a conspiracy the respondent/plaintiff was ousted from the Committee of Management and owing to his worsened financial condition he shifted to his native village in the year 2005 after selling his house in Dehradun.

5. It is further contended by the respondent/plaintiff that there is a land of the respondent/plaintiff at the East side of the Doon Modern School and respondent has nothing to do with the land which is in dispute in the suit. He is the sole owner of land. It is further alleged that some construction has been raised over the said land without his consent and for this reason he has filed the original suit for a mandatory injunction for demolishing the construction raised by the petitioner/defendant.

6. The petitioner/defendant moved an application i.e. Application No.93C(2) dated 21.05.2018 in the Original Suit No.735 of 2017 under Order 11 Rule 14 of C.P.C. and prayed the learned trial court to direct the respondent/plaintiff to produce following documents so that petitioner/defendant may put up their case properly:-

“1. Original copy of the gift deed executed by Devi Singh in favour of the school.

2. Original copy of Registration letter of Society and Rules.

3. Original copy of the Will executed by Deen Mohammed.

4. Original copy of balance sheet till the year 1994-2002.

5. Original copy of recognition letter, Senior Basic School.

6. Original copy of the letter of grant-in-aid.

7. Original file of High School recognition alongwith map.”

7. The respondent/plaintiff filed objection to the said application on 04.07.2018 in which it has not been stated that these documents, required by the petitioner/defendant were not in the possession and power of the respondent/plaintiff but it was submitted that these documents has no connection with the suit and even the petitioner/defendant