SHAHIDA BEGUM Vs. IBRAHIM JALILULLAH

JUDGEMENT

(1.) S. P. Pandey, J. These are two second appeals under Section 331 (4) of the UPZA & LR Act preferred against the judgment and order dated 14-12-1995 passed by the learned Additional Com missioner, Moradabad Division, Moradabad arising out of an order dated 23-6-1993 passed by the learned trial Court on an application dated 23-10-1992 moved on behalf of the defendants. Since the parties and facts of both the appeals are the same, both of them are being dis posed of by this common judgment and order. Second appeal No. 25

(2.) OF 1995-96/moradabad shall be the leading case.

(3.) I have carefully and closely con sidered the contentions raised by the learned Counsel for the parties and have als6 gone through the relevant records on file. Order VII, Rule 14 (1), CPC reads as below: "14 (1 ). Production of document on which plaintiff sues.-Where a plaintiff sues upon a document in his possession or power, he shall produce it in Court when the plaint is presented, and shall at the same time deliver the document or a copy thereof to be filed with the plaint. " From a bare perusal of the aforemen tioned Rule 14 (1) of Order VII, CPC, it is evidently clear that the plaintiff-appellate should have produced the Will in question in original at the time of filing of the suit. But the plaintiff-appellant has miserably failed to produce the same before the learned trial Court while filing the suit. In the circumstances, the learned trial Court in pursuance of the provisions as con tained under Order VII, Rule 14 (1) of the CPC, has rightly dismissed the aforesaid suit. The learned Commissioner has also correctly dismissed the appeal and upheld the aforesaid order passed by the learned trial Court.