When court should not allow application for calling of original record?

The trial Court
has also observed that the certified copy of the documents are available
with the plaintiff since 25.09.2012 and first time he filed it before the
court on 25.01.2018. Since the plaintiff is in possession over the

property therefore, he is unnecessarily delaying the proceedings and
now he has filed the voluminous documents and seeking summoning of
the record to prove all these documents. Therefore, this Court is of the
opinion that it is not a fit case to interfere with the impugned order
under Article 227 of the Constitution of India.

HIGH COURT OF M.P. BENCH AT INDORE
M.P. No.5117/2018

(Rajesh Sharma V/s. Binod Mills & Ors.)

Indore dt. 26.10.2018
Citation: AIR 2019 (NOC) 143 (MP)

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Leading Judgment of Supreme Court on calling of record from other court

 If bringing on record a document is essential for proving the case by a party, ordinarily the same should not be refused; the Court's duty being to find out the truth. The procedural mechanics necessary to arrive at a just decision must be encouraged. We are not unmindful of the fact that the court in the said process would not encourage any fishing enquiry. It would also not assist a party in procuring a document which he should have himself filed.

13. There cannot furthermore be any doubt that by calling for such documents, the Court shall not bring about a situation whereby a criminal proceeding would remain stayed as it is a well settled principle of law that where a Civil proceeding as also a Criminal proceeding is pending, the latter shall get primacy.

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 2243 of 2009 (Arising out of SLP (C) No. 5026 of 2007)

Decided On: 08.04.2009

 Lakshmi  Vs.  Chinnammal and Ors.

Hon'ble Judges/Coram:

S.B. Sinha and Mukundakam Sharma, JJ.

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When court can call record of other court?

 If bringing on record a document is essential for proving the case by a party, ordinarily the same should not be refused; the Court's duty being to find out the truth. The procedural mechanics necessary to arrive at a just decision must be encouraged. We are not unmindful of the fact that the court in the said process would not encourage any fishing enquiry. It would also not assist a party in procuring a document which he should have himself filed.

13. There cannot furthermore be any doubt that by calling for such documents, the Court shall not bring about a situation whereby a criminal proceeding would remain stayed as it is a well settled principle of law that where a Civil proceeding as also a Criminal proceeding is pending, the latter shall get primacy.

Reportable

Supreme Court of India

Lakshmi & Anr vs Chinnammal @ Rayyammal & Ors on 8 April, 2009

Bench: S.B. Sinha, Mukundakam Sharma

Citation:AIR 2009 SC 2352

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Whether court can permit calling of record from Income tax authorities?

We may notice that a Division Bench of the Calcutta High Court in

Union of India & Anr. v. The State & Anr. [1961 XLII ITR 753] held that a

document may also be called for from the authorities under the Income Tax

Act, stating :

Further, it may be pointed out that Order XIII, rule 10(I) of the Civil Procedure Code does not refer to a judicial proceeding. It refers to a suit or  

proceeding. Even if the proceeding in connection with the issue of a search warrant under the Foreign Exchange Regulation Act be considered a non-judicial proceeding on the part of the Magistrate, such a non-judicial proceeding would still be within the scope of Order XIII, rule 10(1) of the Civil Procedure Code. In the circumstances, we cannot accept the contention of Mr. Dutta that as there was no proceeding before the Chief Presidency Magistrate the requisition no proceeding before the Chief Presidency Magistrate the requisition under Order XIII, rule 10 of the Civil Procedure Code made by the Income-tax Officer would not be a valid requisition

Supreme Court of India

Lakshmi & Anr. vs Chinnammal @ Rayyammal & Ors. on 8 April, 2009

Author: S Sinha

Bench: S.B. Sinha, Mukundakam Sharma

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