reopen cum production of documents u /s 30 of cpc
P.S.Muthukumar
(Querist) 07 January 2014
This query is : Resolved
I have filed a petition for production of documents cum reopen petition to call for re cross examination of a witness before the controlling authority under the payment of gratuity act 1972. The issue is respodent filed a counter that two prayers cannot be admitted in one IA petition. Is there any valid ground to detent? I request experts advice in this regard. Thanks Muthukumar
Advocate. Arunagiri
(Expert) 07 January 2014
If you can post me the exact prayer, I can give my opinion.
In general no two prayers can be given in a single petition. But, when the second prayer is a consequential act to the first prayer, you can do that.
Devajyoti Barman
(Expert) 08 January 2014
yes agreed. in this situation your both prayers can be very much claimed in single petition as both the acts are synonymous with each other.
P.S.Muthukumar
(Querist) 08 January 2014
Thanks for your comments Mr.Arunagiri and Mr.Devajyoti
The IA petition filed as below. Please go through and suggest me sir.
..............
BEFORE THE HON’BLE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT 1972, COIMBATORE
I.A.NO. /2013
G.A.NO. XX OF 2012
Mr.XXX
------ Petitioner/Petitioner
- Vs. -
Company Name ------ Respondent/Respondent
RE-OPEN PETITION FILED ON BEHALF OF PETITIONER/PETITIONER FOR CROSS-EXAMINATION OF THE RESPONDENT WITNESS AND
PETITION FOR PRODUCTION OF DOCUMENTS UNDER SECTION 30 of C.P.C. 1908 TO PRODUCE THE DOCUMENTS UNDER THE CUSTODY, CONTROL OR POSSESSION OF THE RESPONDENT MANAGEMENT
1. During our cross-examination made on 21.06.2013 with the respondent witness-1, Mr.KKK, we had found that the authorisation letter (Res.Exp.No.1) submitted by them was not meeting the competency in accordance with the law and accepted the same by the respondent management and filed a new authorisation letter (Res.Exp.No.3) accompanying with a proof affidavit filed along with a re-open petition filed on 19.07.2013.
2. Due to the above mentioned reason, we have explained and requested the Hon’ble Authority on 21.06.2013 that we were unable to continue our cross-examination due to lack of competency of witness and we would be ready to continue if the respondent management submit a competent person or an authorisation letter before this Hon’ble Authority with competency in accordance with the law.
3. In the meantime, the respondent management had filed the second witness and we are not allowed for cross-examination of respondent witness-1, Mr.KKK by this Hon’ble authority without this re-open petition.
4. Further to the above, the respondent management having possession of documents which are having important facts, evidence and proofs on that for this case and to prove the petitioner’s plea and the same it would be against the respondent management and hence they have not submitted before this Hon’ble authority.
5. We respectfully request this Hon’ble authority to use his supreme powers to make an order of production of documents under the custody, control or possession of the respondent management listed below or to show cause why it should not produce the documents, registers and accounting statements relating to this case for inspection and copying of all documents listed below
1. The Original Resignation letter of the petitioner
2. Bonus register for the year 2009
3. Wage Register for the year 2009
4. Petitioner’s Wage Slip/Leave Card (Form-T) for the year 2009 including last month salary
5. Account statement with respect to the above along with the vouchers singed by the petitioner
6. Register of Employment Form –Q
Hence, petitioner respectfully requests and prayed that this Hon’ble authority may be pleased to accept this petition and re-open the above said case for cross-examination of the witness -1 Mr.KKK and a citation be awarded, directed to the respondent management to produce the listed documents or to show cause why it should not be produced the documents, registers and accounting statements for inspection and copying of all documents as requested and thus render justice.
PETITIONER/PETITIONER ADVOCATE FOR PETITIONER/PETITIONER
T. Kalaiselvan, Advocate
(Expert) 12 January 2014
I think expert Mr. Arunagiri's opinion is right. First you may have to obtain the permission to cross examine and during cross examination it is found that the said document are imperative, then it maybe petitioned to be produced. Or straightaway ask the author of the document to depose evidence.
P.S.Muthukumar
(Querist) 09 June 2014
Thank you all. The court has accepted my IA petition with two prayers and issued the order to my favour.
