Petition filed under order 16 rule 7 & section 151 of cpc

Querist : Anonymous (Querist) 30 September 2011 This query is : Resolved
Dear sir,
the suit is coming for defendant evidence, plaintiff filed a petition under order 16 rule 7 and section 151 of cpc for seeking a relief of to direct the defendant to produce the listed documents mentioned in the petition like bills, sales tax returns copy and etc, but the defendant said that the petition is not maintainable

so there is any citations with regard to the maintainability of the petition under said provision.

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adv. rajeev ( rajoo ) (Expert) 30 September 2011
Defendant can file an application seeking to produce the document from the plaintiff

prabhakar singh (Expert) 30 September 2011
Did he ever mentioned those documents in his
list of documents to be filled at the time of evidence or has ever admitted those to have in his custody??????

R.Ramachandran (Expert) 01 October 2011
Yes, both the experts are correct. You have to indicate whether the defendant ever admitted that the documents are in his possession.

Raj Kumar Makkad (Expert) 01 October 2011
The application is not maintainable at this stage when the evidence of the plaintiff has already been closed and stage is now set for the evidence of the defendant evidence. Plaintiff cannot move such application now even if defendant ever admitted having all the required documents in his possession. Application for additional evidence is required to be moved and be accepted first for this purpose.

DEFENSE ADVOCATE.-firmaction@g (Expert) 01 October 2011
You can not force the defendant to help you to prove your case or disclose his defense.

Chanchal Nag Chowdhury (Expert) 01 October 2011
Your options are as follows:-
U will have to show relevancy of the docs. asked for.
U may produce copies of the docs. asked for treating the petition as a notice under 66 of the Evidence Act.
If U cannot do it, U will have to rely on the presumptions as envisaged u/s 114 of the Evidence Act.

kuldeep kumar (Expert) 01 October 2011
good advice by all experts

Sailesh Kumar Shah (Expert) 06 October 2011
I agree with common opinions of all experts.

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