Interim Order 5

Order Details: Order on Exhibit
Pdf Text: ..1..
(CNR No.MHSCA3-000467-2023)
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT NO.13
IN
R.A.E.&.R. SUIT NO.372 OF 2023
Mr. Velji Ranmal Shah … Plaintiff
Versus
Shri. Rajesh Raghavji Shah … Defendant
Shri. Omkarnath R. Tiwari, Ld. Advocate for the plaintiff.
Shri. Lalbahadur R. Upadhayay, Ld. Advocate for the defendant.
Coram : Smt. J. D. Hushangabade
Judge, C.R. No.34.
Date : 10.02.2026.
ORAL ORDER:
1. This is an application filed by the defendant for directing
the plaintiff to give inspection of the documents relied upon by him
in the plaint by giving prior notice of day date, time and place for the
inspection of the documents and to give the xerox copy of the
documents relied upon by him to the defendant on payment of
expenses of xerox copy of the documents.
2. On the other hand, the plaintiff objected the present
application by filing reply vide Exhibit No.21 and submitted that the
writ of summons was served upon the defendant through bailiff of
this Court on 09.10.2023. However, the defendant failed to file
written statement within time with an intention to cause delay. There
is no provision in law to give inspection of documents before filing
written statement unless and until the defendant clarifies his defence
/home/steno34/HHJ JDH/2026/February/Exh-13 in R-R S. No.372-23 inspection of the documents.odt
-- 1 of 2 --
..2..
in the suit. The stage of discovery and inspection arises only after
filing written statement before framing issues. Therefore, it was
premature for the defendant to ask for inspection of the documents.
Hence, prayed that to reject the application with compensatory costs.
3. Perused application and reply thereon. Heard both
sides. It appears that the suit is pending for filing written statement
by the defendant, when this application is filed. There is no provision
in Code of Civil Procedure to give inspection of the documents before
filing the written statement. In CPC, the stage of discovery and
inspection of the documents arises only after filing the written
statement before framing the issues. Considering the same, I am of
the view that the application is premature. The defendant can apply
for inspection of the documents after filing of written statement, if
think so necessary. Moreover, the defendant has filed the application
for condonation of delay in filing the written statement on record on
the same date. Therefore, no purpose will be served, if the
application is allowed. On the contrary, the delay will be caused in
proceeding the matter. Hence, the application is liable to be rejected.
Accordingly, I proceed to pass following order:-
: O R D E R :
1. Application at Exhibit No.13 is rejected.
2. No order as to costs.
Place : Mumbai ( J. D. Hushangabade )
Date : 10.02.2026. Judge, C.R. No.34 (BB).
Order dictated & Typed on : 10.02.2026.
Order checked & signed on : 12.02.2026.
/home/steno34/HHJ JDH/2026/February/Exh-13 in R-R S. No.372-23 inspection of the documents.odt
-- 2 of 2 --