1981 Supreme(MP) 341

A. R. Navkar, J.
pyarchl v. Shyam Kishore.
C. Revn. No. 439 of 1981 (G); Decided on 24-6-1981.

Headnote:Civil P.C., 1908 -- O.13, R. 2 -- application under -- when may be allowed document sough to be produced, relevant for proper decision -- application should be allowed on costs.

        It was submitted by the learned counsel, appearing on behalf of the applicant, that it was the duty of the trial Court to give reason for allowing the application under Order 13, rule 2, CPC. The trial Court bas failed to mention any reason. Similarly, the application is not supported by any affidavit. The trial Court should have been strict in allowing the application under Order 13, rule 2, CPC.

        The learned counsel for the non-applicant stated that the question whether the documents are genuine or not, will be decided when they will be tendered in evidence and this is not proper time to decide it. As to the costs, it was submitted that while allowing the application it is not necessary to impose costs on the applicant. Lastly, it was submitted that the learned trial Court has rightly taken into consideration all the facts and was correct in allowing the application.

        Held : In my opinion, the trial Court was within its jurisdiction in allowing the application under Order 13, rule 2, CPC when it came to the conclusion that the documents are essential for correct decision of the case. The documents produced are, in my opinion, relevant for deciding the case also. Therefore, I see no reason to set a side the order passed by the trial Court but the learned tria1 Court should have imposed costs on the plaintiff, when it allowed the application of the plaintiff to produce the documents. In my opinion, costs of Rs. 30 is sufficient to meet the ends of justice.