The court ruled that a defendant cannot insist on document inspection prior to filing a written statement without proper justification and adherence to CPC provisions.

1. The petitioner who is the first defendant in T. S. No. 48 of 1960, before the Subordinate Judge, filed an application on 26/04/1961, on which date, he had to file his written statement stating that for submitting the written statement he has to peruse the cash book and accounts of the contract biasinepc of the plaintiff along with the accounts of the bank and further that the documents relating to the properties described in schedule I, V, VI and VII of the plaint are with the plaintiff, that he has not filed them in Court along with, his plaint and that the petitioner cannot prepare his written statement unless those documents, accounts and other papers are submitted before Court. On this application, the Subordinate Judge, passed an order that plaintiff - respondent will supply copy of accounts as stated in paras 5 and 6 of the plaint to the petitioner within 7 days and he fixed 25/05/1961 for filing written statement of the petitioner. On 18/05/1961, the respondent filed a, petition stating that the respondent and the petitioner were living as members of a joint family with common mess and that all the accounts and related papers and all the documents relating to the various properties were with the petitioner, that the respondent did not have any documents with him and that regarding the copy of accounts in the Bank, the petitioner himself has obtained copies direct from the Bank and that in any case, they were not necessary before submitting the written statement. On this, the Subordinate Judge passed an order on 23/06/1961 that the suit was one for partition of the respondent's half share in the property and that there was no prayer for accounting and hence the petitioner cannot insist, on the filing of the title deeds of the properties or the accounts, of the business before the filing of the written, statement. It is against this order dated 23/06/1961 that this revision petition has been filed.

2. The respondent filed the suit for partition of various items of properties mentioned in the schedules to the plaint against defendant 1, his elder brother. In paragraphs 5 and 6 of the plaint, the respondent stated that he earned money by contract business, that he deposited the said money to the credit of the petitioner in the Bank, that properties were purchased with the said money in the name of the petitioner as he was the elder brother and that the respondent, had a half share in the said properties. Now the petitioner's (first defendant's) contention is that, the respondent should be called upon to produce the documents narrated in paragraphs 5 and 6 of the plaint.

3. I am really unable to see how the petitioner can call for such documents by means of a petition. O.7 R.14, CPC, refers to 2 classes of documents. With regard to first class of documents, namely, documents in his possession or power, on which the plaintiff sues, the plaintiff has to produce them in Court when the plaint is presented and copies thereof have to be filed with the plaint - The other class of documents are those on which the plaintiff relies as evidence in support of his claim and such documents shall be entered in a list to be added or annexed to the plaint. A defendant will get a copy of the first class of documents, namely, those on which, the plaintiff sues and which he has filed with the plaint and this will be given along with the copy of the plaint at the time of service of summons on him. With regard to the second class of documents, that is, the documents on which the plaintiff relies and a list of which documents is given with the plaint there is no provision in the CPC by which a defendant can get the documents produced into Court by the plaintiff before he files written statement. No doubt, Order T.I, R.15, CPC provides that every party to a suit shall be ent