Production of document from defendant
BHARTI KOTHARI
(Querist) 08 November 2017
This query is : Resolved
Hii I filled suit for damages however it is my specific case that certain document are in exclusive possession of defendant and now i have to request the court to ask him produce those document before court. How i can do.
Ms.Usha Kapoor
(Expert) 09 November 2017
You can either through issue of notice or subjrct to court permission which is a discritionary remedy ofthe court get summons issued to the opposite party can procure the relevant docuent through duiscovery and production and inspection in court.Click the following link for further information on this issue.
https://www.nls.ac.in/lib/bareacts/civil/cpc/cpco11.html
Vijay Raj Mahajan
(Expert) 09 November 2017
Application under Order 11 Rule 12 CPC for discovery of documents. The court may in its discretion allow the application for production of documents in possession of the defendant/other party those relate to any matter in question.
However the right of defendant to refuse to produce the documents in his possession as provided under section 131 of the Evidence Act and his simple denial of possessing any such document will always be there.
What will be important the nature of document and its relation in deciding issue in dispute between the parties.
R.K Nanda
(Expert) 09 November 2017
you can do so by filing application u/s 151 of cpc. in court.
Ms.Usha Kapoor
(Expert) 09 November 2017
If youappreciate my above answer please give me likes.
Advocate Bhartesh goyal
(Expert) 09 November 2017
Yes,file an application under order 11 rule 12 of cpc for discovery of documents if court comes to the conclusion that required documents are just and essential for adjudication of case then defendant may be ordered to submit the documents.
Dr J C Vashista
(Expert) 10 November 2017
As observed you have been asking such academic questions, which should have been in the class-room as:
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Consult a local Senior/tutor.
BHARTI KOTHARI
(Querist) 20 November 2017
sir is there any time before which only we can ask for production of document like before framming issue and if the matter is for evidence still we can make application in this regard for ultimate justice
