Case Note & Summary
The petitioner, M/s. HCL Ltd., was the defendant in Special Civil Suit No.222/93/III pending before the Additional Civil Judge, Senior Division, Margao, filed by the respondent, M/s. Krishna Nanu Naik and Sons. The defendant had filed an application dated 1.10.1994 seeking leave to rely upon and produce certain documents. The trial court dismissed that application by order dated 13.1.2005, which the defendant challenged by way of a writ petition before the Bombay High Court at Goa. The High Court noted that the suit was still at the pre-trial stage and that the application for production of documents was filed at that stage. The court held that at the pre-trial stage, the court ought to adopt a liberal approach and allow the production of documents if no prejudice is caused to the opposite party and to avoid multiplicity of proceedings. The court observed that the trial court had dismissed the application solely on the ground of delay without considering that the suit was at the pre-trial stage. The High Court set aside the impugned order and allowed the defendant's application, directing the trial court to permit the defendant to produce the documents mentioned in the application dated 1.10.1994, subject to payment of costs of Rs. 500 to the plaintiffs. The writ petition was allowed with no order as to costs.
Headnote
A) Civil Procedure - Amendment of Pleadings - Order 6 Rule 17 CPC - Pre-trial Stage - The court held that at the pre-trial stage, amendments to pleadings should be liberally allowed if no prejudice is caused to the opposite party and to avoid multiplicity of proceedings - The trial court erred in dismissing the application on the ground of delay without considering that the suit was still at the pre-trial stage (Paras 4-6). B) Civil Procedure - Production of Documents - Order 13 Rule 1 CPC - Pre-trial Stage - The court held that the trial court ought to have allowed the defendant's application to produce documents filed at the pre-trial stage, as the documents were relevant for the just decision of the case and no prejudice would be caused to the plaintiffs (Paras 4-6).
Issue of Consideration
Whether the trial court was justified in dismissing the defendant's application to produce documents filed at the pre-trial stage, and whether the court should adopt a liberal approach in allowing such applications to avoid multiplicity of proceedings.
Final Decision
The High Court allowed the writ petition, set aside the trial court's order dated 13.1.2005, and directed the trial court to permit the defendant to produce the documents mentioned in the application dated 1.10.1994, subject to payment of costs of Rs. 500 to the plaintiffs. No order as to costs.
Law Points
- Liberal approach to amendment of pleadings
- Order 6 Rule 17 CPC
- Pre-trial stage
- No prejudice to opposite party
- Duty of court to allow amendment to avoid multiplicity of proceedings
