Documentary evidence during enquiry u/s 151 of CPC

Querist : Anonymous (Querist) 20 June 2011 This query is : Resolved
Ld Counsels,

Is there any prohibition on the civil court/family restraining the admissibility of any documents during an enquiry on petition (interim application) filed under section 151 of CPC.

The case is at the pre-trial stage.

Kindlt clarify. Thanks.

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adv. rajeev ( rajoo ) (Expert) 20 June 2011
there is no prohibition to accept the document, but there is a specific provision to produce the document, court can allow it subjection to proof.

Sanjeev Dudhat (Expert) 20 June 2011
S. 151 is an exceptional provision in the sense that it can be invoked in the interest of justice or to prevent abuse of the process of the court, by the Court using its discretion or inherent powers to avoid injustice which apparently is likely to be caused if such discretion is not used.
This only means that S. 151 can be invoked only in situation when there is no other provision,procedure or section or order available in CPC by which a document in given facts and circumstances could be produced on record by the interested party.

Querist : Anonymous (Querist) 20 June 2011
Thank you Mr. Rajeev and Saneev for your detailed reply.

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