Tuesday 16 August 2022

Can the court reject an application for the production of documents because documents are not between plaintiff and defendant?

 The trial Court has also rejected the plaintiff's application on the ground that the documents in question are not between the plaintiff and the defendant, but they are documents between the officials of the defendant. I have no doubt that this observation of the trial Court is merely an obfuscation inasmuch as the correspondence between the officers of the defendant can certainly be relied upon by the plaintiff if according to the plaintiff the same may prove or support the plaintiff's case. It is obvious that the Order 11 Rule 12 does not in any way limit the discovery of documents, in the case of letters to the letters exchanged only by the parties to the suit. The requirements of this provision are limited only to the fact that the documents should be or should have been in the possession or power of a party to the suit, and that the same should relate to any matter in question in the suit. Clearly the letters in question satisfy these requirements and, therefore, the order for discovery thereof cannot be refused on the ground that the letters are not directly between the parties to the suit. {Para 7}


Civil Revn. Appln. No. 1254 of 1985

Decided On: 14.06.1991

 Kamalia Brothers and Co. Vs. State of Gujarat

Hon'ble Judges/Coram:

Y.B. Bhatt, J.

Citation : AIR 1992 Guj 138, MANU/GJ/0147/1992.

Read full Judgment here: Click here

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