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trika   07 November 2025

Penalty for not producing documents -suit dismissal?

Plaintiff had filed IA seeking 3 party to be impleaded claiming they had obtained sale deeds on suit property.

We filed IA seeking the sale deeds to be produced.

Plaintiff then tried to delay producing the documents and Judge had orally warned that failure to produce documents within 7 days could lead to dismissal of suit.

Plaintiff has now produced sale deeds which belong to different property that is not part of the suit. This implies that the property she identified in the suit via a revenue certificate may just be a paper document.

Plaintiff had previously been informed on email about these parties claiming ownership and at that had claimed it was a different property.The 3rd parties who had just started constructed then went on to build flats and sell them to other buyers -all this could have been stopped had plaintiff not mislead us.

Does'nt this amount to failure to produce documents referred to intheir IA?
Will the suit be dismissed now in line with the Judge's oral warning?
Do we need to file any application seeking dismissal?



Quick Summary
The plaintiff has failed to produce the correct sale deeds related to the suit property, instead submitting documents for a different property. This action, coupled with the judge's prior warning that failure to produce documents within seven days could lead to dismissal, raises questions about the suit's future. The defendants are seeking advice on whether the suit will be dismissed and if they need to file an application to initiate this.

 7 Replies

Dr. J C Vashista (Advocate )     08 November 2025

Repeated at

https://www.lawyersclubindia.com/forum/only-3-of-5-documents-submitted-to-court-how-to-force-submission-of-remaning--238595.asp

See  response in original thread and avoid repitition.

T. Kalaiselvan, Advocate (Advocate)     08 November 2025

f it is is repeated then you may have to visit your original thread for knowing more answers.

trika   08 November 2025

Sur It is not repeat since now Judge has orally said documents need  to  be produced within 7 days otherwise itis grounds for dismissal. The answer inother question had said the documents would be removed from list with no consequence. So this seems different situation.

The answer is very important for us since dismissal will give us time to search and uncover the original documents. So kindly advice best course of action.

For further background:in earlier question we were trying to 3documents that had not been submitted but later we realized that the 2 documents suubmitted were itself wrong. Added to that the Judge said not producinhg documents they had relied on in their  IA would be grounds for dismissal -this had no tcome up before in that other question.

T. Kalaiselvan, Advocate (Advocate)     09 November 2025

Don't use another thread for your further queries in future.

The court will not dismiss the suit if the documents that were relied upon were not produced however if you have not produced the additional documents sought to be produced by filing an IA but failed to produce within the timeline then the court may dismiss the IA as it would not be maintainable.

Dr. J C Vashista (Advocate )     09 November 2025

Whether you are / representing plaintiff or defendant i.e., what is your concern/ locus standi qua parties to the suit ? 

Court shall / cannot dismiss the suit in the circumstances stated herein above.

 

trika   09 November 2025

Sir the issue here is that it is amounting to Plaintiff (our cousin) misleading us (defendants) about the identity of the property. Right now plaintiff is seeking to impead 3 parties claiming they have obtiined sale deeds in their favour.

After we sought the production of the sale deeds it turns out those deeds identifya different property on the same road. Our understanding is that this amounts to not producing documents as per their own IA which had claimed sale deeds belonging to suit property.

This  whole  issue of  3rd party claiming ownership of property had come up 10 years ago and plaintiff who was managing this property had assured us there was no such problem. So we beleived the identity of the property as given to us by plaintiff. Now with this IA and submitted sale deeds the identity of the property is  in question and plaintiff has made false claims of 3rd party claims on the suit property.

We do not know if this behaviour of plaintiff attracts dismissal of suit but we did hear the Judge say failing to produce documents can lead to dismissing case. 

So apart from failing to produce documents as per IA, the produced documents also putinto question the identiy of the property that forms the basis of plaintiff's case.

Perhaps we should use documents produced by plaintiff to state that plaintiff has mislead defendants about idetnity of property and seek dismissal-maybe the Judge meant something like that?

Dr. J C Vashista (Advocate )     10 November 2025

Again incomplete and disjointed facts have been posted by you.

However, what is the opinion and advise of the lawyer engaged by you ? Have you lost faith in your lawyer who is well aware about facts and circumstances of the case, an able, competent, intelligent enough and duty bound to satisfy your questions/ queries. If so, replace him/her immediately.

or

seeking second opinion from the experts on this platform as it is available free of cost ? 


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