Documentation
Advocate M J
(Querist) 19 February 2012
This query is : Resolved
Good evening learned members.
Sir In a recovery case, of a tender transaction. I wanted the defendant to submit the tender file papers before the Hon'ble court. Before i start my chief examination with my plaintiff beoz whn later the tender documents are asked for, thn it may b manipulated by the defendant.
Under such situation:
1. can i file a petition under CPC 151 for the call of tender documents to b submitted by the defendant before the Hon'ble court?
2. Or under CPC order 16 rule 6 ie,, summons to produce documents, i need to file a petition?
i am confused under which sec i need to submit the petition before the court, so i can compel the defendant to submit the tender file before the court.
4. In case after filing the petition the defendant fails to submit the tender file before the court. Wht steps can i take under law to compel the defendant to submit the documents.
5. And is thr any time limit for the defendant to submit the file before the court.
I request the learned members to guide me, so i can do justice to my client.
thank you.
M V Gupta
(Expert) 22 February 2012
Apply under Or 16 R 6 for production of the documents. if the defendant fails to produce, court will draw adverse inferences.
