CHHOTE LAL Vs. JAGANNATH PRASAD SINGH

JUDGEMENT

(1.) These two civil revisions arise out of identical order of the Court below and hence they have been heard together and are disposed of by this common order.

(2.) The defendants are the petitioners. The plaintiffs filed suit for eviction under the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982. According to the defendants, the subject matter of the suit is Wakf property and hence not amenable to the said Act. The defendants wanted the plaintiffs to produce documents showing their title to the premises. The prayer has been rejected by the impugned order.

(3.) Counsel for the petitioners referred to the provisions of Order XI Rule 14 of the Civil Procedure Code. The said rule enable the Court at any stage of the suit to order production of any document by any party relating to any matter in question as the Court thinks right. It would appear that the provision is in nature of enabling provision which empowers the Court irrespective of the stage of the suit to order any party, whether plaintiff or defendant to produce any document as it thinks fit for proper adjudication of the issues. The said provision is not meant for either plaintiff or defendant. The Code of Civil Procedure contemplates the stage at which the parties are to produce documents etc. The provision as contained in Rule 14 is in addition to the said provision and is meant for the Court.