Production of documents
Kedargkeskar
(Querist) 18 April 2012
This query is : Resolved
A recovery suit is filed by plaintiff against deft. At the time of filing written statement by deft. xerox copies of certified documents (in respect of earlier proceeding U/s. 138 of NIA wherein deft. is acquitted) & notice reply to the demand notice of plaintiff were produced on record. Plaintiff's evidence is over. Deft. at the time of filing his chief examination filed original certified copies & office copy of notice reply (as mentioned above) alongwith an application for production of documents on which court called other side's say. Plaintiff relied on AIR 2002 SC 100 (Madanlal Vs. Shamlal) and rejected application of deft. for production of document. Particulars of those documents are mentioned in chief of deft. Now those documents are required to be exhibited but how ? Whether Madanlal Vs. Shamlal is over ruled ? How those documents can be exhibited as production of same is rejected ?
adv. rajeev ( rajoo )
(Expert) 18 April 2012
for what reason defendant's application is rejected. Those documents are certified copies, court cannot deny it. Approach the high court.
Shonee Kapoor
(Expert) 18 April 2012
The court was wrong to reject these documents.
Approach Higher Court.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 18 April 2012
The documents cannot be refused to be put in evidence. If the plaintiff has any objection then he can object to those documents and objection shall be decided while providing final verdict.
Advocate Bhartesh goyal 
(Expert) 19 April 2012
Order of court is wrong.Photostat copy of documents are already on record and original/certified copy of same documents can not be denied to take on record.O 8 R 1{A} of C.P.C empowered the court to take the documents on record.Challenge the order of court in High Court.
