Order XI Rule 14 of Code of Civil Procedure, 1908 and Production of Documents
Order XI deals with Discovery and Inspection and contains 23 Rules and R.14 is applied during pendency of suit. In case of Shrikanth NS v. Munivenkatappa [2025] GCtR 1577 (SC) it was held that the plain reading of Order 11 R.14 of Code of Civil Procedure, 1908 would manifest that the same enables the Court to seek production of the documents during the pendency of the suit.
It was held that while allowing the application under Order XI Rule 14 of the CPC, the Trial Court has not adhered to the principles governing the disposal of the application under Order XI Rule 14 of the Code.
In this case, Trial Court has earlier rejected the plaint under Order 7 Rule 11. Later on, suit was dismissed and plaintiff filed appeal. The application under Order 11 Rule 14 was filed by plaintiff. When plaint was rejected under Order 7 Rule 11, then question of leading evidence does not arise.
No comments:
Post a Comment