Case Note & Summary
The petitioners, who are defendants in O.S. No. 38/2019 pending before the Principal Senior Civil Judge, Chikodi, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 5.7.2024 passed on I.A. No. III. The suit was filed by the respondents (plaintiffs) seeking a declaration that they have succeeded to the estate of deceased Shrimanti and are the absolute owners of the suit properties. The petitioners filed an application under Order 13 Rule 1 read with Section 151 of the Code of Civil Procedure, 1908 (CPC) seeking permission to produce certain documents. The trial court rejected the application on the ground that the documents were not filed at the appropriate stage and that the application was filed belatedly. The High Court, after hearing the petitioners' counsel, observed that the trial court's order suffered from non-application of mind. The court noted that the trial court did not consider the nature of the documents or their relevance to the suit and mechanically rejected the application. The High Court held that a liberal approach ought to be adopted in such matters to ensure a fair trial and that the documents should be allowed to be produced, subject to payment of costs. Accordingly, the writ petition was allowed, the impugned order was quashed, and I.A. No. III was allowed, directing the petitioners to pay costs of Rs.5,000/- to the respondents.
Headnote
A) Civil Procedure - Production of Documents - Order 13 Rule 1 CPC - Liberal Approach - The trial court rejected the defendants' application to produce documents on the ground of delay and that the documents were not filed at the appropriate stage. The High Court held that the trial court ought to have adopted a liberal approach and allowed the application, as the documents are necessary for just adjudication of the suit. The impugned order was quashed and the application was allowed, subject to payment of costs of Rs.5,000/-. (Paras 1-6) B) Civil Procedure - Non-Application of Mind - Order 13 Rule 1 CPC - The High Court found that the trial court's order suffered from non-application of mind as it did not consider the nature of the documents or their relevance to the suit. The court observed that the trial court mechanically rejected the application without examining the necessity of the documents for a fair trial. (Paras 3-5)
Issue of Consideration
Whether the trial court was justified in rejecting the application filed by the defendants (petitioners herein) under Order 13 Rule 1 read with Section 151 CPC for permission to produce documents, on the ground that the application was filed belatedly and that the documents were not filed at the appropriate stage.
Final Decision
The writ petition is allowed. The impugned order dated 5.7.2024 passed on I.A. No. III in O.S. 38/2019 by the Principal Senior Civil Judge, Chikodi, is quashed. I.A. No. III is allowed, subject to payment of costs of Rs.5,000/- to the respondents, payable within two weeks from the date of receipt of a copy of this order.
Law Points
- Order 13 Rule 1 CPC
- Order 8 Rule 1 CPC
- Order 7 Rule 14 CPC
- liberal approach in production of documents
- fair opportunity to defend
- non-application of mind by trial court
