OM PRAKASH AGARWAL Vs. NANDLAL SAKHIRAM

JUDGEMENT

(1.) SHRI V. K. Bhardwaj, Counsel for the petitioner. Heard. The learned counsel for the petitioner submits that when some documents are placed on the record, along with the plaint, then, there is no necessity to file a separate application under Order 13, Rule 2 of Civil Procedure Code, 1908 (hereinafter referred as to the Code ). This appears to be the correct legal position. Before dealing with this aspect of the matter in detail, the provisions of Order 13, Rules 1 and 2 of Civil Procedure Code be noticed. These read as under: Rule 1 Documentary evidence to be produced (at or before the settlement of issues) - (1) The parties or their pleaders shall produce (at or before the settlement of issues) all the documentary evidence of every description in their possession or power, on which they intend to rely, and which has not already been filed in Court, and all documents which the Court has ordered to be produced.

(2.) ORDER 13, Rule 2 of the Code deals with the eventuality where documents have not been placed on the record in terms of Order 13, Rule 1. Once a document has been placed on record then, a separate application under Order 13, Rule 2 is not required to be given. The above is the clear intention of the statutory provisions noticed above. Even where, an application under order 13, Rule 2 of Civil Procedure Code is made, then, this application is not to be rejected. The scope of Order 13, Rule 2 of Civil Procedure Code may also be noticed.