AKTIEBOLAGET VOLVO Vs. R VENKATACHALAM

JUDGEMENT

(1.) THE question for consideration is, whether it is permissible in law to permit a party to a civil suit to file only photocopy of the document and exempt such party from placing the original document on the file of the court and merely to give inspection thereof to the opposite party at the time of admission/denial of documents and at the time of tendering the document into evidence and to put the Exhibit mark again on photocopy on the file of the court.

(2.) THE plaintiffs in this suit for permanent injunction restraining infringement of trademark passing off etc. and for the ancillary reliefs of damages, delivery etc. have applied to permit the plaintiffs to rely on the photocopies and to produce the originals only for inspection at the time of admission/denial of documents. It is contended that the plaintiffs have filed only copies, as original documents are required in various litigations globally and hence it is not possible to file the original documents in this court.

(3.) THE defendants have contested the application by pleading that the prayer made therein is not maintainable in law; under Order 7 Rule 14 of the CPC the plaintiffs are required to file with the plaint documents on which they rely or sue; under Order 13 Rule 1 the parties are required to produce on or before the settlement of issues all the documents/evidence in original where the copies thereof had been filed along with the plaint; that the plaintiffs are thus not entitled to seek exemption from filing the original documents; that the production of the original documents is a mandatory requirement of law not only under CPC but under the Evidence Act as well as the Delhi High Court (Original side) Rules. It is further pleaded that the plaintiffs have to prove their case by primary evidence on record and if photocopies are produced, it is not possible for the defendants to compare those with the originals. On merits, it is denied that the original documents are required as alleged by the plaintiffs and it is further contended that it is open to the plaintiffs to apply for certified copies of the documents, on the same being proved/exhibited.