CEZARY BRYMORA Vs. ILK IMPEX LIMITED

JUDGEMENT

(1.) By this petition, the petitioner challenges the order of the learned Civil Judge (Junior Division), Ludhiana, dtd. 30/8/2017, whereby the application filed by the petitioner under Order 16 Rule 6 read with Sec. 151 CPC, for issuance of summons to produce documents, has been dismissed.

(2.) Learned counsel for the petitioner submits that the trial Court has wholly misappreciated the import of Rule 6 of Order 16 of the CPC, because the said Rule does not postulate the summoning of any person subsequently, but only the production of a document even if the person who is to produce the document has not been summoned to give evidence.

(3.) The aforesaid arguments having been made by learned counsel for the petitioner, it is first to be noticed that the matter was passed over, in view of the fact that no counsel appeared for the respondent, which was also so on the last date of hearing, i.e. 22/4/2019, (with the petition having been shown in the urgent motion list on that date also, consequently upon an order passed on 21/9/2018).