DRT

Querist : Anonymous (Querist) 02 July 2010 This query is : Resolved
IN DRT CPC is applicable? If so, For production of documents a borrower can move to High Court ? In my case The Applicant Bank is having some Documents for which Defendant never asked for inspection of documents without which the defendant directly filed Writ Petition ? is it maintainable if so under which section of CPC?

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pawan sharma (Expert) 02 July 2010
Writs are filed u/A-226 of the constitution of india not in cpc. cpc is procedural law it become silance when the specific provisions are given in the Act. the Hon'ble High Court have a power to call any documents.

N.K.Assumi (Expert) 02 July 2010
Even under CPC there are provisions where the Court can direct a party to produce documents in their possession, if that is so, the High Court can certainly compell a party for productions of documents in their possession.

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