Delhi High Court
United India Periodicals vs Central Bank Of India on 28 November, 1997
Equivalent citations: 1997 VIAD Delhi 1113, 70 (1997) DLT 786, 1997 (43) DRJ 782
Author: K Gupta
Bench: K Gupta
JUDGMENT
K.S. Gupta, J.
(1) Defendants have filed this application under Order Vii Rule 14 read with Section 151 Civil Procedure Code alleging that there is reference of the following documents in the paragraphs noted below of the plaint:-
1.Para 4 : Leased deed dated 21.3.75
2.Para 11 : Defendants letter dated 2.1.81
3.Para 15 : Lease deed dated 9.11.90
4.Para 28 :- Plaintiff's letters dated 31.1.92, 4.4.92, 9.11.92 & 21.5.94.
5.Para 30: - Plaintiff's legal notice dated 30.5.96: and
6.Para 31: Defendants reply dated 20.6.96.
(2) Aforesaid documents have neither been filed nor copies thereof supplied to the defendants by the plaintiff. It was prayed that either the suit be rejected or the plaintiff be ordered to file the said documents and supply copies thereof to the defendants and the time for filing written statement be enlarged.
(3) In the reply plaintiff has alleged that copies of the documents in question stand delivered to the defendants on March 12,1997 and the application has, thus, been rendered infructuous.
(4) In the rejoinder filed to the reply it is not denied that copies of some of the documents in question stood delivered to the defendants on March 12, 1997, as alleged. However, it is stated that the photostat copy of the lease- deed dated March 21, 1975 supplied to the defendants is incomplete inasmuch as the back pages thereof do not carry endorsements of the stamp vendor or that of the registration with the Sub - Registrar. Photostat copy of the plan attached to the lease deed as annexure A too has not been supplied. Photostat copy of the indenture of the lease deed dated November 9,1990 supplied appears to be a copy of the draft and does not bear the photo of the stamp papers. Back pages thereof are blank and do not carry endorsement either to the stamp vendor or that of the registration with the Sub- Registrar. Copy of the site-plan whereof mention is made in sub para (a) of the prayer clause in the plaint has not been furnished to the defendants. It is further alleged that copy of the letter dated November 9, 1992 too has not been furnished to the defendants. Further running pages 32,34,40,44,45,47,48, & 50 of the photostat copy of proposal of the plaintiff - company dated April 27, 1994 are illegible. It is stated that copies of the following documents referred to in the paras given below of the plaint too have not been made available to the defendants:-
"PARA17: Plaintiff's balance sheet as on 31.3.89 and latter dt. 4.1.89
PARA23 (a) : Defendant's letter dated 6.8.92.
PARA23 (b) : Numerous correspondence by the plaintiff-company addressed to the defendants with regard to increase in rent.
PARA24 : Communication of the defendants inviting the attention of the plaintiff-company to Rbi guidelines.
PARA26 : Statement of account in respect Rs. 132.4 millions and Rs 2,070 lakhs for the year 1995-96.
PARA28 : The alleged rehabilitation proposals dt. 9th Nov 92. The alleged report prepared by Chartered Accountant of the plaintiff for the release of concession and for reschedulement.
PARA30 : Defendants 1 & 2's acknowledgements dated May 31,1996.
(5) Affidavit of Prem Chand Goel, attorney of the defendants, has been filed alongwith the rejoinder.
(6) I have heard the learned counsel for the parties and have been taken through the record.
(7) Where a plaintiff sues upon document he should produce that document in court when the plaint is presented except where such document is an entry in a shop book or account in which case he should produce a true copy of the entry to be filed with the plaint. Where the plaintiff relies on any document as evidence in support of his claim he should enter such document in a list to be annexed to the plaint whether the document is in his power or not but even such documents, if they are in his possession or power, are to be produced in court at or before the settlement of the issues. All the documents of which production is sought by the defendants either in the application or the rejoinder filed to the reply of the plaintiff are referred to in various paras of the plaint. That being so, in order to enable the defendants to draft the written statement it is necessary that the documents in question are placed on the file and copies thereof are made available to the defendants. Plaintiff is, therefore, directed to file the documents referred to in the application and also the rejoinder, if not already filed and to make available their correct copies, if already not supplied to the defendants, within two weeks from today. Application is disposed of accordingly.
(8) Written statement be filed by the defendants within four weeks after the copies of the documents in question are made available to them by the plaintiff.
