ash83 (.) 14 November 2023

Notice to produce documents applicable to writ petitions?

Dear respected advocates,

one person has filed a writ petition on me along with state and other authority. I am the respondent.

Petitioner has not produced certian documents referred in his petition. can I send notice to produce documents before court or share me copy of documents referred in his petition under order 12 Rule 8 and Order 11 Rule 16 of the Civil Procedure Code, please ?

Is this applicable only to civil suits or also applicable in writ petitions.

Only my advocate can send notice to produce documents. or I as respondent can also send notice. Please clarify.

Thanks in advance.

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2 Replies

T. Kalaiselvan, Advocate (Advocate) 15 November 2023

If the documents were not attached to the writ petition then you can object to it and get the writ dismissed for this reason itself stating that he has not produced the relevant documents which he had referred, hence the writ is not maintainable on this count itself.

You cannot ask the petitioner to produce the documents he has not produced before court instead it is a situation advantageous to you, hence you can proceed as suggested.

You discuss with your advocate and proceed as he may suggest

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Advocate Bhartesh goyal (advocate) 15 November 2023

If the documents referred in writ petition have not been submitted with writ petition then this may be ground for not maintainable writ petition. You should not file an application to call the documents this step will definitely damage your defences.

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