Production of Relevant Documents as Defendant in a Suit

Shirley G e Fazal (Querist) 01 May 2008 This query is : Resolved

I would like to ask the Panel of Experts if in a Civil Declaration Suit in Property Claims can the Court pass Orders to prevent the Defendant to produce Relevant Documents like Inventory Documents of Inheritance,etc thereby proving Legal Rights to Suit Property ?

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Shirley G e Fazal (Querist) 01 May 2008
Kindly Advise

Rajesh Kumar (Expert) 02 May 2008
The trial court cannot pass any order restraining parties to produce documents- it can very well examine the document and may not read in evidence if the documents produced suffers some infirmity. There is no provision in CPC to empower courts to prevent any party from producing documents.

Shirley G e Fazal (Querist) 04 May 2008
Kindly inform me of The Act or CPC Law/Bylaw by which I as a Defendant, am empowered to Produce my legal Titles/Documents to prove my rights to my Ancestral Property at any stage during the pendency of a Civil Declaration Suit as the Defendant, i.e. before the Defence produces its witnesses or deposition.

Shirley G e Fazal (Querist) 04 May 2008

Kindly advise citing Latest relevant Acts/ Laws of the CPC Procedures

Shirley G e Fazal (Querist) 04 May 2008

Kindly advise.

Shirley G e Fazal (Querist) 04 May 2008

Please kindly advise

Rajesh Kumar (Expert) 05 May 2008
I dont know at what stage the case is. After a suit is filed, the defendent is required to file a written statement, and under the statement he can annexe all the documents he want to rely upon. It is not known as whether you have filed a written statement or not?

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