0rder 11 rule 12


why and on which groud we move the application of 0der 11 rule 12? can the defendant move that application at earliest stage ( file of written statement)?

 
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Lawyer in Hyderabad.wats app no.9989324294

 the plaintiff has no
right to call for documents, asked for, by moving application under Order 11
Rules 11 & 14 of the Code of Civil Procedure

 
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Dear,

Any one of the party of suit cay file the application u/o 11 r 12 for produce the documents.  However, if in case of defendant you have to issue notice u/o 11 r 16 to the other one to produce the document as mention in pleading.

advocate.praveen@hotmail.com

regards

 
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Any party to suit can call documents from other party .Order 11 rule 12 of cpc is very clear 

 

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.

If defendant wants to call the documents from the custody of plaintiff ,he should have to file written statement firstlythen he can move application u/o 11 r 12 of cpc.


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