GYAN SINGH Vs. AMAR SINGH

JUDGEMENT

(1.) HEARD.

(2.) ORDER dated 10-01-2012 passed by Second Additional District Judge to the Court of First Additional District Judge, Khandwa, in Civil Suit No. 6-A/2011 whereby an application under ORDER 11 Rule 12 of the Code of Civil Procedure, 1908, whereby petitioner, a defendant in the suit for specific performance, sought production of books of accounts, income tax returns and bank pass book, has been rejected.

(3.) PETITIONER defendant subsequently moved an application under Order 11 Rule 12, C.P.C. seeking production of books of accounts, income tax returns of 2007 to 2010, Bank Pass Book, contending that the same are necessary for proper adjudication of the controversy. Trial Court vide impugned order rejected the application holding that the documents sought for are not relevant for adjudication. Placing reliance on the decision in M. L. Sethi v. Shri R. P. Kapur : AIR 1972 SC 2379, Coromandel Indag Products Private Limited v. Garuda Chit and Trading Company Private Limited and another : (2011) 8 SCC 601, Citadel Fine Pharmaceuticals v. Ramaniyam Real Estates Private Limited and another : (2011) 9 SCC 147 and on Vijay Bahadur and Champalal v. Surendra Kumar : AIR 2003 MP 117 by learned Single Judge of this Court, it is urged by learned counsel for the petitioner that the trial Court grossly erred in rejecting the application for production of relevant and material document. It is, however, not disputed by the learned counsel for the petitioner-defendant that though the contract was for sale of immovable property, but the time as stipulated in clause 8 of the contract was the essence within which period the seller was required to obtain consent from other family members for execution of sale deed. The question is whether the seller discharged his burden as would give a rise for presumption regarding capacity of the purchaser to purchase and an occasion for an application for production of documents to ensure whether purchaser has the capacity to purchase. Section 16 (c) of the Specific Relief Act, 1963 stipulates that :-