PUNJAB & SIND BANK Vs. AKASH TIMBER TRADERS

JUDGEMENT

(1.) THIS revision calls in question an order passed by District judge, Jammu on 10 -10 -1994 by virtue of which he has dismissed an application filled by the petitioner/plaintiff before him for producing original documents to which reference was made and of which copies were produced by witnesses during their cross -examination.

(2.) I heard this petition for admission on 7.11.1994 and today also. The reason given by Mr.S.P.Gupta for throwing a challenge to the order impugned, are as under: - 1) That the documents sought to be produced have great bearing upon the facts of the case and have a clinching force. 2) That these document are genuine and are not forged. 3) That copies of these document were produced by a witness who is an official of the defendant/Bank, during the course of his cross -examination.

(3.) I have heard Mr. Gupta, at length. All the points of arguments reproduced above may be correct. This court at this stage is not concerned with the legitimacy or otherwise of the documents nor with the amount of importance, they have for purpose of the case in hand. The only question that this court is called upon to examine is as to whether or not the order passed by the court below is fraught with any amount of illegality, impropriety or error of jurisdiction. The court may also be persuaded by the question as to whether or not the same results in failure of justice. I have gone through the order under revision. The trial court seems to have directed order xiii of Code of Civil Procedure by interpreting rule 1 and rule 2 distinctly. He has rightly maintained that the application in the present case could fall within the purview of rule 2 of order xiii supra. He has declined to interfere only because the sine qua -non for exercising the discretion of the court in terms of rule 2 supra is the satisfaction of the code with regard to a "good cause". He has digressed upon the inability of the plaintiff/ petitioner in bringing home good cause which stood in its way in producing the documents which admittedly were in his possession at an earlier stage.