SARWAN SINGH Vs. DAVINDER SINGH AND ANOTHER

JUDGEMENT

(1.) THE petitioner is aggrieved against the order dated 31.7.1986 passed by the learned Sub Judge 1st Class, Moga, by which his request to produce and prove on the record the relevant receipts in the gate pass book in its defence has been disallowed .

(2.) THE facts in brief are that the respondent filed a suit against the petitioner for recovery of Rs. 29000/ - on the ground that goods of the said value belonging to the respondent had not been returned by the petitioner from its cold storage. It is not in dispute that previously a criminal case was instituted by the respondent against the petitioner on the ground of mis -appropriation of the goods but the petitioner was acquitted. In the course of proceedings in the Criminal case the respondent as also the petitioner had produced receipts issued from the gate pass book and counter foil of the gate pass book in support of their respective stands.

(3.) I have heard the learned counsel for the parties. I am of the considered view that the learned trial Court has irregularly exercised its jurisdiction by denying the opportunity to the petitioner to produce in its defence the carbon copies of the gate passes from the gate pass book which are purportedly signed by the respondent. Order 13 Rule 1 of the Code no doubt lays down that the parties should produce documents which they rely on and which are in their possession or power at or before the settlement of issues but these rules of procedure are hand maid of justice and are not to be construed strictly oblivious of the facts obtaining in a particular case. It is not in dispute that the respondent as also the petitioner had produced gate passes and carbon copies of the gate passes contained in the gate pass book respectively during the course of criminal trial and those form part of the criminal case. The respondent in fact was allowed to produce the gate passes in support of his case from the criminal file despite objection of the petitioner but when the turn of the petitioner came to establish his defence he has not been allowed to produce the carbon copies of the gate passes contained in the gate pass book forming part of the same criminal case file. Justice has to be dispensed with even handedly.