Summoning original sale deed under Order 16 Rule 6 CPC cannot be refused merely as beyond pleadings when relevance is shown.

An application to summon production of a document under Order 16 Rule 6 CPC is intended to assist the court in obtaining material that may clarify the controversy in suit, and the power is exercised in judicial discretion. The document must relate to the matter in issue and be shown to be in the possession or control of the person from whom production is sought, subject to the Evidence Act. On the facts stated, the plaintiffs had filed a certified copy, asserted that the original registered sale deed was with the vendee, and showed its relevance; rejection solely on the ground that it was beyond the pleadings was not justified. The order was quashed and production of the original sale deed was directed.

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Issues: Whether the trial court was justified in rejecting the plaintiffs' application under Order 16 Rule 6 of the Code of Civil Procedure to summon production of the original registered sale deed.

Analysis: The provision for summons to produce a document is intended to assist the Court in obtaining a document that may throw light on the controversy in suit, and the power is exercised as a judicial discretion. The document sought must relate to the matter in question and be shown to be in the possession or control of the person from whom production is sought, subject to the restrictions flowing from the Evidence Act. Since the plaintiffs had filed a certified copy, asserted that the original sale deed was in the custody of the vendee and that the document was relevant to the dispute, the rejection of the application on the footing that the document was beyond pleadings was not justified.

Conclusion: The order rejecting the application for production of the original sale deed was unsustainable and was quashed, and the direction to summon production of the document was granted.

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