Case Note & Summary
The petitioners, legal heirs of the original plaintiff, filed a writ petition challenging an order of the Civil Judge Junior Division at Pernem dated 3/05/2011, which dismissed their application for leave to produce a Deed of Partition dated 7/06/1950. The respondents had filed a suit for permanent injunction alleging trespass by the petitioners into their property surveyed under no.119/5 and 116/33 of Morjim Village. The petitioners filed a written statement disputing the claim and contending that they were in possession under a lease from the original owner. An application for temporary injunction by the respondents was allowed. Subsequently, the petitioners sought to produce the Deed of Partition, but the trial court dismissed it. A previous writ petition (No.742/2008) was disposed of by this Court on 30/01/2009, holding that the document was incomplete as the plan referred to therein was not part of it, and thus did not permit its production. However, liberty was given to the petitioners to produce the document if they could produce the plan. The petitioners later filed a fresh application to produce the same document, which was again dismissed by the trial court. The High Court, after hearing both sides, set aside the impugned order and allowed the petitioners to produce the Deed of Partition, subject to the respondents' right to object to its admissibility. The court observed that the document is relevant to the dispute and the petitioners should be given an opportunity to produce it. The writ petition was allowed, and the trial court was directed to permit the petitioners to produce the document.
Headnote
A) Civil Procedure - Production of Documents - Leave to Produce - The court considered whether a party should be allowed to produce a document that was earlier rejected as incomplete. The court held that the document is relevant to the dispute and the petitioners should be given an opportunity to produce it, subject to the respondents' right to object to its admissibility. (Paras 6-7) B) Evidence - Relevance - Deed of Partition - The court found that the Deed of Partition dated 7/06/1950 is relevant to the issues in the suit, as it pertains to the title and possession of the property. The earlier rejection was based on the document being incomplete, but the court now allowed its production, leaving the question of admissibility open. (Paras 6-7)
Issue of Consideration
Whether the petitioners should be permitted to produce a Deed of Partition dated 7/06/1950 in a suit for permanent injunction, despite an earlier order rejecting a similar application on the ground that the document was incomplete.
Final Decision
The High Court allowed the writ petition, set aside the impugned order dated 3/05/2011, and directed the trial court to permit the petitioners to produce the Deed of Partition dated 7/06/1950, subject to the respondents' right to object to its admissibility.
Law Points
- Civil Procedure
- Evidence
- Production of Documents
- Relevance
- Liberty to Produce
- Incomplete Document
