SUNIL KUMAR GUPTA Vs. PREMNARAYAN GUPTA

JUDGEMENT

(1.) Invoking the jurisdiction under Article 227 of the Constitution of India assailing the order dated 17.12.2015 passed by the First Civil Judge, Class II, Morena, rejecting the application under Order 16 Rule 6 of the C.P.C. because the brothers of the plaintiffs Keshavlal and Mahendra Kumar are not a party to the proceedings, however, direction to produce those documents which is in their possession cannot be issued. It is observed by the Court that the documents are necessary for the defendant No.1 but summons cannot be issued for production of documents to plaintiffs' brothers who are not party to the suit, therefore, the production of the documents cannot be directed.

(2.) After hearing learned counsel for both the parties, looking to the defence taken in the written statement and to mitigate the findings, the provisions of Order 16 Rule 6 of C.P.C., is necessary to refer which is reproduced as under.

(3.) Meaning thereby, it is not necessary that the documents asked for by the petitioner, under Order 16 Rule 6 of C.P.C. cannot be summoned because the persons in whose possession those documents are available are not a party to the proceedings. The Court is having ample power to call for such persons to produce the document who is not the party. Here, it is required to observe that the relevancy of such document to the subject matter is one of the aspect which may be seen by the Court but its production can not be denied from the persons who is in possession of those documents because he is not a party to the proceedings.