ARUN VIJ Vs. TRILOK NATH PASRICHA

JUDGEMENT

(1.) THIS appeal impugns order dated 27.05.2015, whereby the application filed by the appellant (the defendant in the suit) under Order 11 Rule 14 and Order 18 Rule 17 of the Code of Civil Procedure, 1908 (hereinafter referred to as the CPC) seeking a direction to the respondent (plaintiff in the suit) to produce (i) complaint to the Commissioner of Police, Delhi Police dated 13.03.2004 alongwith proof of dispatch/delivery/receipt and (ii) relinquishment deeds dated 10.10.2003 and 16.08.2003 has been dismissed.

(2.) THE contention of the defendant is that the said documents have been relied upon by the plaintiff in the plaint and are necessary for the purposes of determining the disputes between the parties. It is contended that the documents relate to the matter in question in the suit and as such are required to be produced by the plaintiff/ respondent herein. It is contended that the documents are in the power and possession of the respondent.

(3.) LEARNED single Judge has noted the contention of the counsel for the respondent that the Delhi Police has already stated that the record of the said police complaint has been destroyed as per Rules, and the respondent's witness has deposed that no copy of the said complaint was available with them. In these circumstances, the learned single Judge has held that the documents cannot be produced. The application has accordingly been dismissed.