Case Note & Summary
The respondent/plaintiff filed a summary suit for recovery of money under Order XXXVII CPC. Along with the plaint, he filed 22 documents, of which 7 were photocopies. Subsequently, he filed an application (IA No.4/2025) seeking to produce the original documents corresponding to those photocopies. The trial court allowed the application. The petitioner/defendant, whose application for leave to defend was pending, challenged this order by way of a civil revision petition under Article 227 of the Constitution of India. The defendant argued that Order XXXVII CPC does not contain any specific provision permitting parties to file additional documents, and therefore the application ought to have been rejected. The High Court, however, noted that the documents sought to be produced were not new documents but originals of photocopies already on record. Relying on Order XXXVII Rule 7 CPC, which states that in matters not specifically provided for, the general provisions of the CPC shall apply, the court held that the trial court had rightly allowed the application. The High Court found no error in the impugned order and dismissed the revision petition, also closing the connected miscellaneous petition with no order as to costs.
Headnote
A) Civil Procedure - Summary Suit - Production of Original Documents - Order XXXVII Rule 7, Code of Civil Procedure, 1908 - The trial court allowed the plaintiff to produce originals of photocopies already filed with the plaint in a summary suit for recovery of money. The defendant challenged this order. The High Court held that since Order XXXVII does not specifically prohibit filing of originals of documents already on record, the general provisions of CPC apply by virtue of Rule 7. The revision was dismissed as no error was found in the impugned order (Paras 1-4).
Issue of Consideration
Whether the trial court was justified in allowing the plaintiff to produce original documents of photocopies already filed in a summary suit under Order XXXVII CPC, when no specific provision for additional documents exists under that Order.
Final Decision
The civil revision petition is dismissed. The impugned order of the trial court allowing the production of original documents is upheld. The connected miscellaneous petition is closed. No costs.
Law Points
- Order XXXVII Rule 7 CPC
- Article 227 of the Constitution of India
- Production of original documents in summary suits
- Applicability of general CPC provisions to Order XXXVII proceedings
Case Details
CRP No. 658 of 2026 and CMP.No.1841 of 2026
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Nature of Litigation
Civil revision petition challenging an order allowing production of original documents in a summary suit for recovery of money.
Remedy Sought
The petitioner/defendant sought to set aside the trial court's order allowing the respondent/plaintiff to produce original documents.
Filing Reason
The trial court allowed the plaintiff's application to produce originals of photocopies already filed; the defendant challenged this order.
Previous Decisions
The trial court (XXII Additional City Civil Court, Chennai) allowed IA.No.4/2025 in OS.No.4608/2023 on 22.8.2025.
Issues
Whether the trial court erred in allowing the plaintiff to produce original documents in a summary suit under Order XXXVII CPC.
Whether Order XXXVII CPC permits filing of additional documents beyond those filed with the plaint.
Submissions/Arguments
The petitioner/defendant argued that the application for leave to defend was pending and that Order XXXVII CPC has no specific provision for filing additional documents.
The respondent/plaintiff sought to produce originals of photocopies already on record, which were not new documents.
Ratio Decidendi
In a summary suit under Order XXXVII CPC, where no specific provision prohibits the filing of originals of documents already produced as photocopies, the general provisions of the CPC apply by virtue of Order XXXVII Rule 7. Therefore, the trial court was justified in allowing the application to produce original documents.
Judgment Excerpts
The trial court, rightly relying on Order XXXVII Rule 7 of CPC, observed that in case no specific provision is made under Order XXXVII, the general CPC is applicable and allowed the application.
I do not find any error in the impugned order passed by the trial court.
Procedural History
The respondent/plaintiff filed OS.No.4608/2023 for recovery of money under Order XXXVII CPC. Along with the plaint, 22 documents were filed, including 7 photocopies. Subsequently, the plaintiff filed IA.No.4/2025 seeking to produce the originals of those photocopies. The trial court allowed the application on 22.8.2025. The defendant filed CRP No.658 of 2026 under Article 227 of the Constitution of India challenging that order. The High Court dismissed the revision on 20.2.2026.
Acts & Sections
- Code of Civil Procedure, 1908 (CPC): Order XXXVII, Order XXXVII Rule 7
- Constitution of India: Article 227
