HUKUM CHAND Vs. NEMICHAND

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 24.9.94, passed by First Civil Judge Class II, Morena.

(2.) IT appears that a suit was filed by non -applicant for the eviction of the petitioner from the accommodation in dispute, which was contested. The defendant moved an application under order 13 rule 2 CPC for permission to file copies of plaint, judgment, and compromise petition riled in the High Court in the previous suit, which was admitted by the learned trial Court, holding that the documents were necessary for proper decision of the case. The defendant moved an application for summoning the originals of the documents, which was rejected by the impugned order. Learned counsel contended that unless the originals of the plaint and the compromise petition are before the Court and put to witnesses in the witness -box and with its help the documents on record are proved, the petitioner could not rely on those documents. Therefore, the learned trial Court in rejecting the application has acted with material irregularity. In reply to the question, the learned Counsel contended that endorsement on the documents filed by the other party are not generally being made by the other party at the time when the documents are produced. 'To my mind it is not in accordance with law. It is desirable that the learned trial Court must see that all the documents which are filed by one party must be admitted or denied by the other party and if -a particular document is denied. It has to be proved in accordance with law whereas the documents which are admitted or not denied must be exhibited and only then it can be relied upon by the party producing it. In the present case, the petitioner filed two documents, i.e. the copy of the plaint, and compromise petition as pointed out by the learned counsel. There was no endorsement of admission or denial on the document, which should have been got made and, therefore, lam · of the view that the learned trial Court should obtain admission or denial of the other side on these documents and if these documents are not admitted, the learned trial Court shall summon the originals so that the documents may be produced in accordance with law. In view of these circumstances, notice to the other side is not necessary and the revision petition with the observations as made above is dismissed.