Civil Procedure Code, 1908, Order 11, Rule 12, 14 -- Production of documents - Eviction petition - Summoning of dishonoured cheques - Permissibility - Held, production of documents as sought by petitioner/tenant are not having even a nexus with questions involved in the matter - In any case, documents that are in possession of landlady, if not produced and if found..........
Motor Vehicles Act, 1988, Section 169, Civil Procedure Code, 1908, Order 11, Rule 14 -- Accident - Claim petition - Production of documents - A party to a claim petition has a right to approach Tribunal U.O.11.R.14 CPC seeking a direction to the other party for producing necessary documents for deciding the controversial issues...........
Civil Procedure Code, 1908, Order 8, Rule 1-A, Civil Procedure Code, 1908, Order 11, Rule 14 -- Production of documents - Defendant is required to produce the documents on which he places reliance - Provision of O.8.R.1-A does not entitle the plaintiff to seek a direction to the defendant to file the documents on which he does not relie in support of his defence or counter..........
Civil Procedure Code, 1908, Order 11, Rule 14 -- Production of documents - A party cannot be directed to produce the documents on which reliance is not placed so as to help the opposite party to make a fishing inquiry...........
Civil Procedure Code, 1908, Order 11, Rule 12, 14 -- Provisions of O.11.Rr.12 & 14 are independent to each other - Power as envisaged U.O.11.R.14 is wider than that as mentioned in Rule 12 but before exercise of power U.O.11.R.14, Court has to exercise its discretion while examining expediency, justness and relevancy of the document to the matter in question...........
Civil Procedure Code, 1908, Order 7, Rule 14, Civil Procedure Code, 1908, Order 11, Rule 14 -- An application U.O.7.R.14 & O.11.R.14 cannot be filed before filing the written statement...........
Civil Procedure Code, 1908, Order 11, Rule 14, 21 -- Non production of documents directed to be produced - Defence struck off - Held, that an order U.O.11.R.21 CPC should be passed only in extreme cases where default is wilful - Also held that order for striking off defence can be passed only if Court had earlier passed an order U.O.11.R.2 or O.11.R.12 or O.11.R.15 CPC -..........
Civil Procedure Code, 1908, Order 11, Rule 14 -- Production of document - Not a case that documents were required for determination of main petition - Provision of O.11.R.14 is not available to make a fishing or roving inquiry - Application rightly rejected...........
Civil Procedure Code, 1908, Order 11, Rule 14, 21 -- Dismissal order U.O.11.R.21 - Not to be made unless Court is satisfied that plaintiff is wilfully withholding information by refusing to answer interrogatories or by withholding documents...........
Civil Procedure Code, 1908, Order 11, Rule 14 -- Production of document - Party who is ordered to produce document must be in possession or power of the document - Court has to conduct a prima facie enquiry and then arrive at a finding as to whether a party is in possession of the document - Such enquiry is with reference to the pleadings and the evidence if any led before..........
