CHANDMULL GONESHMULL Vs. DHANRAJ GANPATROY

JUDGEMENT

(1.) This is an application by the defendant for an order that the plaintiff firm do give inspection of the documents mentioned in the list annexed to the plaint of documents relied on in the plaint. The plaintiff firm offered inspection of the sowdah which is the only document actually referred to in the plaint, but denied the right of the defendant to inspect the documents in the list attached to the plaint of documents relied on by them until the defendant had filed his written statement.

(2.) The application for inspection was made in reliance on Order XI, rule 15, of the Code of Civil Procedure, which provides that every party to a suit shall be entitled at any time to give notice to any other party in whose pleadings or affidavits reference is made to any document to produce such document for the inspection of the party giving such notice or of his Pleader and to permit him or them to take copies thereof.

(3.) Order VII, rule 9, provides that the plaintiff shall endorse on the plaint or annex thereto a list of the documents (if any) which he has produced along with it and Order VII, rule 14 (1), provides that when a plaintiff sues upon a document in his possession or power, he shall produce it in Court when the plaint is presented and shall at the same time deliver the document or a copy thereof to be filed with the plaint, and Sub-section (2) provides that where he relies on any other documents (whether in his possession or power or not) as evidence in support of his claim, he shall enter such documents in a list to be added or annexed to the plaint.