2017 (3) TMI 1874

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... A.K. RATH, J. This petition challenges the order dated 7.8.2015 passed by the learned Civil Judge (Sr. Division), Rairangpur in C.S.No.72 of 2013. By the said order, the learned trial court rejected the application of the plaintiffs to call for the original registered sale deed from the custody of one Balaram Naik son of Paremeswar Naik. 2. The petitioners as plaintiffs instituted the suit ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... in possession of Parmeswar Naik. He is dead. The same was objected to by the defendants. The learned trial court came to hold that the document has not been relied upon by the plaintiffs. Though the certified copy of the document was filed in the court but the same is beyond pleadings. Held so, the learned trial court rejected the application. 3. Heard Mrs. Padmaja Pattnaik, learned Advocate f....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the document. The learned trial court has rightly rejected the petition. 6. Order 16 Rule 6 C.P.C. provides :- "6. Summons to produce document.-Any person may be summoned to produce a document, without being summoned to give evidence, and any person summoned merely to produce a document shall be deemed to have complied with the summons if he causes such document to be produced instead ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....dicial discretion. It can only direct the documents to be produced in Court for inspection when they throw some light into the case and in possession of the party on the ground that the documents are related to the matter in question in the suit. 8. The instant case may be examined on the anvil of the decision cited supra. The provision contained in Order 16 Rule 6 of C.P.C. is not to penalize ....