R KANMANI Vs. S UMADEVI

JUDGEMENT

(1.) The petitioner's application filed under Order 11 Rule 14 of the Civil Procedure Code, seeking for a direction to the respondent to produce the Original Document No.1 namely, a Loan Agreement dated 15.08.2012, came to be rejected through an order dated 27.08.2018, which order is under challenge in the present Civil Revision Petition.

(2.) Heard Mr.Prakash Goklaney, learned counsel appearing on behalf of the petitioner and Mr.R.Venkat Raman, learned counsel for the respondent.

(3.) The trial Court had mainly rejected the aforesaid application on the ground that the defendant had pleaded in his written statement that he is in custody of the original loan agreement and willing to produce the document during the trial. Order 8 Rule 1(A) of the Civil Procedure Code contemplates that where the defendant bases his defence upon a document or relies upon any document in his possession or power, in support of his defence or claim for set-off or counter-claim, he shall enter such document in a list, and shall produce it in Court when the written statement is presented by him. Order 13 Rule 1 of CPC., requires the parties or their pleader to produce on or before the settlement of issues, all the documentary evidences in original where the copies thereof have been filed along with the plaint or written statement. Order 11 Rule 14 CPC., empowers the trial Court to order the production of any documents in the possession of a party relating, to any matter in question in the suit, as the Court shall think right.