Canara Bank vs Steron Castings Industries And ...
1990 Latest Caselaw 503 Del

ORDER

1. In this application filed by defendant No. 2 under Order 11, Rule 12 read with Section 151 of the Code of Civil Procedure it has been prayed that the plaintiff be directed to discover on oath all the documents relating to the matter in suit which are or have been in power and possession of the plaintiff within the period prescribed on the ground, inter alia, that the plaintiff's claim is based only on documentary evidence and all the documents in plaintiff's power and possession have not been filed by the plaintiff in the suit nor have they been supplied to the defendant applicant. Further, the plaintiff has got the signatures of the defend and applicant on large number of blank forms and papers and the defendant-applicant apprehends that the pleas, if raised by the defendant in the written statement are likely to be controverter by the plaintiff by filling up those forms and papers so as to defeat the defendant-applicant's defense. Therefore, all the documents which are necessary and vital for filing the written statement by defendant- applicant and are in power and possession of the plaintiff are required to be discovered on oath.

2. In reply supported with an affidavit, the plaintiff has denied and stated that the plaintiff has filed along with the plaint all the requisite documents on which the plaint is relied and copies of those documents filed with the plaint have been supplied to the defendants. Furthermore, the allegation that defendant No. 2 signed certain documents while they were blank and the documents might be converted into complete documents by the plaintiff has also been denied.

3. Since the plaintiff has filed along with the plaint all the requisite documents on which the plaintiff has relied and copies thereof have also been filed for being given to the defendants, it is clear that there is no specific document available with the petitioner relating to the controversy in the suit and whatever documents were there in the plaintiff's power and possession, those have already been filed. Therefore, in my opinion, in these circumstances, no question of discovery of documents would arise. The application is misconceived and dismissed as such. No costs.

4. Application dismissed.