Case Note & Summary
The petitioner, Shri Gruha Nirman Sahakari Sanstha Ltd., a housing society, filed a writ petition challenging the order dated 31-1-2012 passed by the 2nd Joint Civil Judge, Senior Division, Nagpur, in Special Civil Suit No.979 of 2006. The trial court had rejected the petitioner's application under Section 151 of the Code of Civil Procedure, 1908 (CPC) for calling back a document, namely an agreement of development and sale dated 27-3-2002, from the office of the Collector of Stamps, Nagpur, for the purpose of tendering it in evidence. The petitioner was the plaintiff in the suit. The respondents are the defendants. The High Court, after hearing both sides, held that the inherent power under Section 151 CPC can be invoked for such a purpose. The court noted that the trial court had rejected the application without considering the scope of Section 151 CPC. The High Court set aside the impugned order and allowed the application, directing the trial court to recall the document from the Collector of Stamps for the purpose of tendering it in evidence. The writ petition was allowed with no order as to costs.
Headnote
A) Civil Procedure - Inherent Powers - Section 151 Code of Civil Procedure, 1908 - Recall of Document - The plaintiff filed an application under Section 151 CPC to recall a document (agreement of development and sale) from the Collector of Stamps for tendering in evidence. The trial court rejected the application. The High Court held that the inherent power under Section 151 CPC can be invoked for such purpose, and the trial court's order was set aside. (Paras 2-4)
Issue of Consideration
Whether the trial court was justified in rejecting the application under Section 151 CPC filed by the plaintiff for calling back the document (agreement of development and sale) from the office of the Collector of Stamps for the purpose of tendering it in evidence.
Final Decision
The High Court allowed the writ petition, set aside the order dated 31-1-2012, and allowed the application under Section 151 CPC. The trial court was directed to recall the document from the Collector of Stamps for the purpose of tendering it in evidence. No order as to costs.
Law Points
- Section 151 CPC
- inherent powers of court
- recall of document
- agreement of development and sale
- evidence
- civil procedure
