Information required on summoning records from govt. depts.
MSC Shekar
(Querist) 02 April 2012
This query is : Resolved
In a Specific Relief Suit consisting of Plaintiff (private party) and two Defendants (both Government Departments). The stage is in Trial: Plaintiff evidence and Marking of Documents (Plaintiff)
The Plaintiff needs to summon the records from both the government Departments before the Defendants Cross Examine them otherwise the Plaintiff side will be put to great loss.
Will it be allowed after Marking of documents (from plaintiff side in the suit)? Please advise
Thanks in advance.
ajay sethi
(Expert) 02 April 2012
issue notice under order 27 rule 5 calling upon defendants to produce documents
Notices to admit or produce documents (O. 27, r. 5)
5. —(1) Except where Rule 4 (1) applies, a party to a cause or matter may within 14 days after the cause or matter is set down for trial serve on any other party a notice requiring him to admit the authenticity of the documents specified in the notice.
(2) If a party on whom a notice under paragraph (1) is served desires to challenge the authenticity of any document therein specified he must, within 14 days after service of the notice, serve on the party by whom it was given a notice stating that he does not admit the authenticity of the document and requires it to be proved at the trial.
(3) A party who fails to give a notice of non-admission in accordance with paragraph (2) in relation to any document shall be deemed to have admitted the authenticity of that document unless the Court otherwise orders.
(4) Except where Rule 4 (3) applies, a party to a cause or matter may serve on any other party a notice requiring him to produce the documents specified in the notice at the trial of the cause or matter.
(5) A notice to admit, a notice of non-admission and a notice to produce documents shall be in Forms 53, 54 and 55, respectively.
ajay sethi
(Expert) 02 April 2012
12. Application for discovery of documents
Any party may, without filing any affidavit, apply to the Court for an order directing any other party to any suit to make discovery on oath of the documents which are or have been in his possession or power, relating to any matter in question therein. On the hearing of such application the Court may either refuse or adjourn the same, if satisfied that such discovery is not necessary, or not necessary at that stage of the suit, or make such order, either generally or limited to certain classes of documents, as may, in its discretion be thought fit:
Provided that discovery shall not be ordered when and so far as the Court shall be of opinion that it is not necessary either for disposing fairly of the suit or for saving costs.
