IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CR No. 7998 of 2019 (O&M)

Reserved on : 29.08.2022

Date of Decision: 20.09.2022

Sanjeev Kumar Jain

....Petitioner

VERSUS

Shri Mahavir Jain Sabha (Regd.) and Others

....Respondents

CORAM : HON’BLE MRS. JUSTICE ALKA SARIN

Present :

Mr. Veneet Sharma, Advocate for the petitioner

ALKA SARIN, J.

The present revision petition under Article 227 of the

Constitution of India has been preferred against the order dated 18.09.2019

(Annexure P-4) passed by the Civil Judge (Junior Division), Patti whereby

the application filed by the plaintiff-petitioner under Order XII Rule 8 CPC

has been dismissed.

The brief facts relevant to the present lis are that the plaintiff-

petitioner filed a suit for rendition of accounts of Shri Mahavir Jain Sabha

(Regd.) Patti, Tehsil Patti, District Tarn Taran w.e.f. 2013-14, 2014-15,

2015-16 and 2016-17 and its income and expenditure with consequential

relief of mandatory injunction directing the defendant-respondents to call the

General House Meeting of Shri Mahavir Jain Sabha (Regd.) Patti, Tehsil

Patti, District Tarn Taran and place the accounts in the General House

Meeting for verification.

When the case was fixed for cross-examination of the defence

witnesses, an application was filed by the plaintiff-petitioner under Order

XII Rule 8 CPC for production of documents. A notice was issued under

Order XII Rule 8 CPC to produce the balance sheets, details of cash in hand,

JITENDER KUMAR

2022.09.20 16:42

I attest to the accuracy and

integrity of this order/judgment

Chandigarh

account books, bill books of Shri Mahavir Jain Model School, Patti and Shri

Mahavir Jain Sabha w.e.f. 2013-14, 2014-15, 2015-16 and 2016-17 along

with income and expenditure of Shri Mahavir Jain Sabha Patti (Regd.) and

Shri Mahavir Jain Model School Patti (Regd.). Reply to the said application

was filed by the defendant-respondents. The application filed by the

plaintiff-petitioner was dismissed vide the impugned order dated 18.09.2019.

Hence, the present revision petition.

Learned counsel for the plaintiff-petitioner would contend that

the said documents are necessary for proper cross-examination of the

witnesses since all the documents are in possession of the defendant-

respondents.

I have heard learned counsel for the plaintiff-petitioner.

The suit in the present case has been filed for rendition of

accounts of Shri Mahavir Jain Sabha (Regd.) Patti, Tehsil Patti, District Tarn

Taran w.e.f. 2013-14, 2014-15, 2015-16 and 2016-17 and further for relief

of mandatory injunction calling the General House Meeting of Shri Mahavir

Jain Sabha (Regd.) Patti, Tehsil Patti, District Tarn Taran and place the

accounts in the General House Meeting for verification. The documents

sought to be produced are the very documents qua which the present suit has

been filed. The Trial Court in the impugned order held that “All the above

said documents can be produced only if the relief claimed by the plaintiff in

the present suit is allowed. Without decision of the present case, no

directions can be given to the defendants to produce the above said

documents. Giving any direction to the defendants to produce the above said

documents at this stage will amount to premature decretal of the suit of the

plaintiff”. Keeping in view the main relief sought in the suit, the Trial Court

JITENDER KUMAR

2022.09.20 16:42

I attest to the accuracy and

integrity of this order/judgment

Chandigarh

has rightly dismissed the application filed by the plaintiff-petitioner under

Order XII Rule 8 CPC. I do not find any illegality or infirmity in the

impugned order passed by the Trial Court.

The present revision petition being devoid of any merits is

dismissed. Pending applications, if any, also stand disposed off.

Dismissed.

JITENDER KUMAR

2022.09.20 16:42

I attest to the accuracy