Order 1

Order Details: Order below exhibit
Pdf Text: IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
ORDER BELOW EXHIBIT03
IN
SHORT CAUSE SUIT NO.416 OF 2019
Mr. Ravi Alva & Anr. … Plaintiffs
V/s.
Mr. Rajan Pawar & Anr. … Defendants
Appearances:
Ld. Adv. Mohankumar for plaintiff.
Ld. Adv. Lad for defendant.
CORAM : HIS HONOUR JUDGE
SHRI MILIND V. KURTADIKAR
(C.R.No.20)
DATED : 03rd AUGUST, 2019
ORDER
Defendants have filed this application directing the plaintiff
to give inspection of documents on which plaintiff is relied on.
2. It is argued on behalf of defendant that alongwith copy of
plaint defendant has received copies of documents relied on by plaintiff.
However, the signatures on certain receipts are not visible. Therefore it
is not possible for him to comment on those documents while preparing
his written statement. Already defendant has given such notice to
plaintiff through his advocate. Plaintiff has denied to give such
inspection. Therefore, this application.
3. Plaintiff has resisted this application on two grounds. His
first ground is that the copies are very well legible and therefore, there
is no reason to give inspection. Second one is that the application is
premature. It ought to have been filed after filing of written statement.
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Order below Exh-03 .. 2 .. Suit No.416/2019
So also alleged inspection will open his defence. As such plaintiff has
denied to give inspection.
4. Much is argued by both the parties on the provisions of
order XI rule 15 and 18 as well as rule 3. No doubt as per order XI of
CPC which deal with the chapter of discovery and inspection. Normally
the stage of giving inspection and interrogatories will come after filing
of written statement. As per rule 15 any party can ask the other party
for inspection of documents, reference of which is made in pleadings or
affidavits. Here the circumstances are little different. Defendant is not
seeking inspection of documents which are relied on by plaintiff in
plaint but copies of those document are not on record. Here, defendant
is asking for inspection of those documents, copies of which are already
provided to him by plaintiff but those are not legible. So grievance of
defendant is that the copies supplied by plaintiff are not legible. It goes
to show that he is not asking for inspection of certain documents which
are not produced on record. In such circumstances the apprehension of
plaintiff that it will open his defence will not sustain. This is so because
plaintiff has already tendered copies of those documents to defendant.
So considering the limited scope of prayer made out by defendant I am
of the opinion that application needs to be allowed. Accordingly the
order.
O R D E R
1. Application (Exh.3) is hereby allowed.
2. Plaintiff is hereby directed to give inspection of the original
documents (copies of which are already given to
defendant) to the defendant.
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Order below Exh-03 .. 3 .. Suit No.416/2019
3. Defendant to specify the particular documents of which he wants
the inspection.
(Milind V. Kurtadikar)
Judge, (C.R.No.20)
Dt.: 03/08/2019 City Civil Court, Gr. MUMBAI
Dictated on : 03.08.2019
Transcribed on : 07.08.2019
Signed on : 07.08.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
09.08.2019 11.47 a.m. Sanjay Baliram Kaskar
(Stenographer H.G.)
Name of the Judge HHJ Shri M.V. Kurtadikar
(CR No.20)
Date of Pronouncement of
Judgement/Order.
03.08.2019.
Judgement/order signed by P.O on 07.08.2019.
Judgement/order uploaded on 09.08.2019.
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