Case Note & Summary
The plaintiff filed a suit for ejectment against the defendant seeking possession of the plaint schedule premises. The suit was at the stage of trial. The defendant filed I.A.No.6 under Order 8 Rule 1-A read with Section 151 of the Code of Civil Procedure, 1908 (CPC) seeking production of a mortgage deed dated 28.10.2005 entered into between the father of the plaintiff and the defendant. The trial court allowed the application. The plaintiff challenged this order by filing a civil revision petition under Section 18 of the Karnataka Small Causes Courts Act, 1964. The High Court held that the trial court had exercised its discretion properly, as the document was relevant to the dispute and the defendant had shown sufficient cause for not producing it earlier. The revision petition was dismissed, and the trial court was directed to proceed with the suit expeditiously.
Headnote
A) Civil Procedure - Production of Documents - Order 8 Rule 1-A CPC - Suit for ejectment - Defendant sought to produce mortgage deed dated 28.10.2005 after filing written statement - Trial court allowed application - Held that the document was relevant and necessary for just decision, and the defendant had shown sufficient cause for not producing it earlier - Revision dismissed (Paras 1-5).
Issue of Consideration
Whether the trial court was justified in allowing the defendant's application under Order 8 Rule 1-A read with Section 151 CPC for production of a mortgage deed dated 28.10.2005, which was not filed along with the written statement.
Final Decision
The High Court dismissed the civil revision petition, upholding the trial court's order allowing I.A.No.6. The trial court was directed to proceed with the suit in accordance with law and dispose of it expeditiously.
Law Points
- Order 8 Rule 1-A CPC
- Section 151 CPC
- Production of documents at later stage
- Suit for ejectment
- Mortgage deed
- Relevancy of document
- Discretion of trial court
Case Details
2017 LawText (KAR) (04) 29
Civil Revision Petition No.481/2016
K.P. Asokumar (for petitioner), R.B. Sadasivappa (for respondent)
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Civil revision petition arising from a suit for ejectment.
Remedy Sought
The plaintiff/petitioner sought to set aside the trial court's order allowing the defendant's application for production of a mortgage deed.
Filing Reason
The plaintiff challenged the trial court's order dated 27.10.2016 allowing I.A.No.6 filed by the defendant under Order 8 Rule 1-A read with Section 151 CPC for production of a mortgage deed dated 28.10.2005.
Previous Decisions
The trial court (VIII Addl. SCJ and XXXIII ACMM, Member, MACT, Bengaluru) allowed I.A.No.6 on 27.10.2016.
Issues
Whether the trial court was justified in allowing the defendant's application under Order 8 Rule 1-A read with Section 151 CPC for production of a mortgage deed.
Submissions/Arguments
The petitioner/plaintiff argued that the trial court erred in allowing the application as the document was not filed along with the written statement and no sufficient cause was shown.
The respondent/defendant contended that the document was relevant and necessary for the just decision of the case, and the application was filed at the trial stage.
Ratio Decidendi
The trial court has discretion under Order 8 Rule 1-A CPC to allow production of documents at a later stage if sufficient cause is shown and the document is relevant for the just decision of the case. The High Court will not interfere with such discretionary order unless it is perverse or causes injustice.
Judgment Excerpts
This is plaintiff’s Civil Revision Petition arising from a suit for ejectment.
The suit was instituted for passing a decree of ejectment against the defendant to deliver possession of the plaint schedule premises.
The defendant filed I.A.No.6 under Order 8 Rule 1-A r/w S.151 of CPC, seeking production of mortgage deed dated 28.10.2005 entered into between the father of plaintiff and this defendant.
The trial court allowed the application.
In the result, the petition is dismissed.
Procedural History
The plaintiff filed a suit for ejectment (S.C.No.889/2014) before the VIII Addl. SCJ and XXXIII ACMM, Member, MACT, Bengaluru. During trial, the defendant filed I.A.No.6 under Order 8 Rule 1-A read with Section 151 CPC for production of a mortgage deed. The trial court allowed the application on 27.10.2016. The plaintiff challenged this order by filing Civil Revision Petition No.481/2016 under Section 18 of the Karnataka Small Causes Courts Act, 1964 before the High Court of Karnataka. The High Court dismissed the revision petition on 05.04.2017.
Acts & Sections
- Code of Civil Procedure, 1908 (CPC): Order 8 Rule 1-A, Section 151
- Karnataka Small Causes Courts Act, 1964: Section 18
