Case Note & Summary
The petitioner, Vinayaka House Building Co-operative Society, filed writ petitions under Articles 226 and 227 of the Constitution of India challenging the common order dated 26.06.2010 passed by the I Addl. City Civil and Sessions Judge, Bangalore City, on I.A. Nos.62 and 64 in O.S. No.1717/1998. The suit, O.S. No.1717/1998, was filed by the respondents (defendants in the suit) against the petitioner (plaintiff in the suit) and had a chequered history. The respondents filed I.A. Nos.62 and 64 seeking to produce certain documents which were not produced along with the written statement. The trial court allowed these applications, permitting the respondents to produce the documents. The petitioner challenged this order, contending that the trial court failed to consider the mandatory provisions of Order VIII Rule 1A CPC, which requires that documents not produced along with the written statement cannot be received as evidence without leave of court and without showing sufficient cause. The petitioner argued that the respondents did not show any sufficient cause for the non-production of the documents at the earliest opportunity. The respondents supported the impugned order, arguing that the trial court had discretion to allow production of documents at any stage. The High Court analyzed the provisions of Order VIII Rule 1A, Order VII Rule 14, and Order XIII Rule 1 CPC. The court held that the trial court did not record any satisfaction as to the existence of sufficient cause for the non-production of the documents at the earliest opportunity. The court emphasized that the provisions of Order VIII Rule 1A are mandatory and that documents not produced along with the written statement cannot be received as evidence without leave of court and without showing sufficient cause. The court found that the impugned order was unsustainable and liable to be set aside. Accordingly, the writ petitions were allowed, the common order dated 26.06.2010 on I.A. Nos.62 and 64 was quashed, and the applications were dismissed. No order as to costs.
Headnote
A) Civil Procedure Code - Order VIII Rule 1A - Production of Documents - Documents not produced along with written statement cannot be received as evidence without leave of court and without showing sufficient cause - The trial court allowed I.A. Nos.62 and 64 filed by the respondents to receive documents which were not produced along with the written statement, without considering the mandatory requirements of Order VIII Rule 1A CPC and without recording satisfaction as to the existence of sufficient cause for non-production at the earliest opportunity - Held that the impugned order is unsustainable and liable to be set aside (Paras 1-10). B) Civil Procedure Code - Order VII Rule 14 - Production of Documents - Plaintiff must produce documents on which he sues or relies along with plaint - The respondents failed to produce the documents at the time of filing written statement and sought to produce them belatedly without any explanation - Held that the trial court erred in allowing the applications without considering the mandatory provisions (Paras 5-10). C) Civil Procedure Code - Order XIII Rule 1 - Production of Documents at Hearing - Documents not produced at the first hearing cannot be received without leave of court - The trial court did not record any finding that the respondents had shown sufficient cause for non-production at the earliest opportunity - Held that the impugned order is contrary to law (Paras 5-10).
Issue of Consideration
Whether the trial court was justified in allowing I.A. Nos.62 and 64 filed by the respondents to receive documents which were not produced along with the written statement, without considering the provisions of Order VIII Rule 1A CPC and without recording satisfaction as to the existence of sufficient cause for non-production at the earliest opportunity.
Final Decision
Writ petitions allowed. The common order dated 26.06.2010 passed by the I Addl. City Civil and Sessions Judge, Bangalore City, on I.A. Nos.62 and 64 in O.S. No.1717/1998 is quashed. I.A. Nos.62 and 64 stand dismissed. No order as to costs.
Law Points
- Order VIII Rule 1A CPC
- Order VII Rule 14 CPC
- Order XIII Rule 1 CPC
- Section 151 CPC
- documents not produced at earliest opportunity cannot be received without leave of court
- sufficient cause must be shown for late production
