1. Civil Procedure Code, 1908 (V of 1908) Order 11, Rule  5 - Provide that every party to the suit is entitled to give notice to the other party, either before or at the time of settlement of issues, who had pleaded documents either in his pleadings or affidavit or entered any document in the list of documents which is annexed with the pleadings, to produce those documents for the inspection of the party giving notice or the advocate of the party and also to permit that party to take copy of those documents, but if the other party does not comply with the notice given by the party demanding the documents, would not be at liberty to put those documents in evidence afterwards - Given discretion to the Court to allow the party not giving the document having reference in the pleadings or in the list of documents, to produce it lateron in evidence, after satisfying the Court with the reason therefore. (177) P.L.R.
  2. Civil Procedure Code, 1908 (V of 1908) Order 11, Rule  5 - Provide that every party to the suit is entitled to give notice to the other party, either before or at the time of settlement of issues, who had pleaded documents either in his pleadings or affidavit or entered any document in the list of documents which is annexed with the pleadings, to produce those documents for the inspection of the party giving notice or the advocate of the party and also to permit that party to take copy of those documents, but if the other party does not comply with the notice given by the party demanding the documents, would not be at liberty to put those documents in evidence afterwards - Given discretion to the Court to allow the party not giving the document having reference in the pleadings or in the list of documents, to produce it lateron in evidence, after satisfying the Court with the reason therefore. Aggarwal Vidya Pracharni Sabha  v. Municipal Corporation Faridabad . (177) P.L.R.
  3. Civil Procedure Code, 1908 (V of 1908) Order 11, Rule 12, 14, 21 - Application filed by plaintiff has been been directed to produce on oath the documents referred to in the said  application - A order under  order 11 rule 14 is merely an order to produce documents - Non compliance of the said order may have several consequences, but the set of consequences as stipulated by order 11 rule 21 is not one of them - The court is not given discretion under rule 21 to dismiss the suit for non prosecution or strike out the defence in case of non compliance of the order of production - Various other measures may be available/consequences provided for dealing with a failure to comply with an order of production under order 11 rule 14, however, we are not in the present case called upon to deal with the said issue. Held, that the impugned order is an order made under Order 11, Rule 14, The non-compliance of that order does not warrant the striking out of the defence of the appellant. The grounds upon which the discretion is given to a Court to strike out the defence of a defendant are given in Rule 21 of Order 11 CPC. According to the said rule, there are three grounds only upon which a Court is justified in striking out the defence of a defendant or in dismissing the suit of a plaintiff, namely, (1) the refusal to answer interrogatories, (2) the refusal to make discovery of documents, (3) refusal to permit inspection of documents. Rule 14 of Order 11 CPC does not relate either to the answering of interrogatories or the discovery or inspection of documents. An order order for production under order 11 rule 14 CPC does not decide or affect any vital and valuable rights of the parties or decide matters of moment. In any event, prior to passing any order under order 11 rule 21, the court is to put the defaulting party to notice and give him an opportunity of being heard. The impugned order does not satisfy the test as such the present appeal is not maintainable. (181) P.L.R. (Del.)
  4. Civil Procedure Code, 1908 (V of 1908) Order 11, Rule 12, Order 11, Rule 21 - Discovery on oath and produce  documents by way of supplying attested copies are the requirements of the provision in terms of Order 11 Rule 12 to 15, for which there must be proper and concise pleadings in terms of the plaint - Failure on the part of plaintiff may entail in dismissal of suit under Order 11 Rule 21 CPC, therefore, pleadings in terms of plaint should be categoric so as to invite specific stand by the defendant - The document, the pleadings of the applicant/petitioner in application is vague inasmuch as that no document has been pleaded with reference to its origin and other necessary particulars - It is a settled principle of law that the production of documents can be asked if the same are relevant for just decision of the case - If said discovery is found to be unnecessary for disposal of the case, no indulgence can be shown by the Court - The document must be relatable to the issue involved between the parties - Applicant/petitioner cannot be allowed to do fishing inquiry so as to use process of Court to establish the documents on record.Held, that apparently the pleadings of the applicant/petitioner in application is vague inasmuch as that no document has been pleaded with reference to its origin and other necessary particulars. It is a settled principle of law that the production of documents can be asked if the same are relevant for just decision of the case. If said discovery is found to be unnecessary for disposal of the case, no indulgence can be shown by the Court. The document must be relatable to the issue involved between the parties. The explanation furnished by the plaintiff in para No.4 of the reply to the application shows that the documents are not relatable to the issue in question nor the applicant/petitioner could depose with reference to necessary details of the document so sought by way of production thereof by the plaintiff.(181) P.L.R.
  5. Civil Procedure Code, 1908 (V of 1908) Order 11, Rule 12 - Set out the consequence of non-compliance with order for discovery with reference to a prayer contained for discovery under Rule 12 or for inspection of documents or to answer interrogatories - If there is a non-compliance, the Court has a power to strike off the defence and to place the party in the same position as if it he had not defended. (180) P.L.R.
  6. Civil Procedure Code, 1908 (V of 1908) Order 11, Rule 13, 15 - Significance of non-compliance is only for an application filed under Order 11 Rule 3 or for inspection of documents as referred to under Order 11 Rule 15. There is no particular consequences for striking off defence if non-production of documents which are sought under Order 11 Rule 14 or which could be obtained after issuing notice in Form 7 Appendix `C' as detailed under order 11 Rule 16 Cr.P.C. - The non-production of document as is sought under Order 11 Rule 14 or Rule 16 will only entail drawing some presumptions and inferences and cannot result in rejection of the suit itself for want of prosecution or to have the defence struck off, if he is a defendant. (180) P.L.R.
  7. Civil Procedure Code, 1908 (V of 1908) Order 11, Rule 14 - Application for directing to produce certain documents - There is hardly any scope for dismissal of such an application, that is filed under Order XI Rule 14 of the Code of Civil Procedure - As already noticed, only exception could be raised with regard to the privileged documents under Sections 122, 123 and 124 of the Evidence Act, 1872 - Rule 14 of Order XI of the Code of Civil Procedure, is confined to production of only those documents that relate to any fact in issue or relevant fact - Under Rule 14 of Order XI of the Code of Civil Procedure, all the documents listed in the application are required to be produced by the petitioner in the Court and for assisting it to arrive at right conclusion in the suit. (174) P.L.R.
  8. Civil Procedure Code, 1908 (V of 1908) Order 11, Rule 14 - If there had been no order for production by the Court and the landlord who was only responding to a notice to produce some documents in the manner which is contemplated under Order 11 Rule 16 then the consequences of non-production shall only be making the Court to draw an adverse inference for non production. (178) P.L.R.
  9. Civil Procedure Code, 1908 (V of 1908) Order 11, Rule 14 - It shall be lawful for the Court at any time during the pendency of the suit to order production by any party of such document in his possession or power relating to the mater in a question - If the documents are not produced or if there are no interrogatories which are administered, the consequence is set forth under Order 11 Rule 21 - The power will extend as far as to have the suit dismissed for want of prosecution or if it is a case of defendant to have his defence struck off, if there had been order of the Court for production. (178) P.L.R.
  10. Civil Procedure Code, 1908 (V of 1908) Order 11 - Case fixed for consideration of stay application - Rejected on the same day issue framed - Defendants cannot urge before this Court in case, they are issued summons to appear to resist the petition that the plaintiff cannot file application for admissions and denials and interrogatories which are permitted by the Code of Civil Procedure, 1908 as a valuable step in the proceedings - Petitioner will file an application for admission and denial of documents and to serve interrogatories on the defendants on the next date fixed before the trial Court.      (177) P.L.R.
  11. Civil Procedure Code, 1908 (V of 1908) Order 11 to 13 - Defendant seeking for production of some account books said to be in the custody of the plaintiff - Dismissed - Defendant would seek for an adjustment in requiring the production of some documents which according to him contains some credits and the plaintiff chooses not to produce the documents, the defendant must treat himself to be in an advantageous position, for, it should be possible for him to press for drawing adverse inference against the plaintiff for non-production. (180) P.L.R.