SUKADEV ROUT Vs. ABALI BEWA

JUDGEMENT

(1.) WHETHER a defendant is required to enclose all the documents, upon which he bases his defence or relies upon in support of his defence or claim for set off or counter claim along with a list when the written statement is presented by him, is the point raised in this case.

(2.) THE petitioner as plaintiff tiled T.S. No. 114/1996 corresponding to T.S. No. 239/2001 in the Court of Civil Judge (Jr. Division), Kendrapara praying for a declaration of his right, title and interest as well as for permanent injunction against the defendant-opposite parties.

(3.) ORDER 8, Rule 1-A of the Code of Civil Procedure (for short the "Code") casts an onerous duty upon the defendant to produce documents basing upon which relief is claimed or are relied upon by him. Order 8, Rule 1-A Sub-rule (2) stipulates that where any document is not in possession or power of the defendant, he shall state in whose possession or power it is. Sub-rule (3) of the said order clearly mandates that if a document which ought to be produced in Court by the defendant under Order 8, Rule 1-A, but, is not so produced shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of the suit.