Shri Mukand Lal Sharma And Anr vs Shri. Chiranji Lal And Anr
2023 Latest Caselaw 13605 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                CMPMO No. 493 of 2023
                                                Decided on: 14.09.2023




                                                                    .

    Shri Mukand Lal Sharma and anr.                                 ....Petitioners.

                                        Versus





    Shri. Chiranji Lal and anr.                                    ...Respondents

    Coram





    The Hon'ble Mr. Justice Satyen Vaidya, Judge.
    Whether approved for reporting? 1

    For the petitioners                 :       Mr. Romesh Verma, Sr.
                 r                              Advocate, with Mr. Hitesh
                                                Thakur, Advocate.

    For the respondents                 :        Nemo.


    Satyen Vaidya, Judge (Oral)

By way of instant petition, a prayer has

been made to set-aside order dated 12.07.2023,

passed by learned Civil Judge, Court No, 8, Shimla,

H.P., whereby the application of respondent

No.1/plaintiff under Order 7 Rule 14 of the Code of

Civil Procedure, has been allowed.

1 Whether reporters of the local papers may be allowed to see the judgment?

2. The impugned order reveals that while the

plaintiff was in the process of leading evidence in the

.

suit, he came up with an application under Order 7

Rule 14(3) of the Code of Civil Procedure, with a

prayer to allow him to produce documents viz. expert

report, site plan and photographs.

3. Application was resisted by the present

petitioners, however, learned Trial Court has allowed

the same by assigning the reasons as under:-

" In view of the authority cited supra, this Court find that opportunity must be afforded to the applicant to place on record the document that seems to bring

before the court the true facts of the case so that the court has access to all the relevant information in coming to its decision. Furthermore, at this stage, it

cannot be evaluated whether the said document is relevant to decide the present case. The relevancy

of the document has to be determined in accordance with law and not merely by submitting or filing

them in the Court. Therefore, an application for placing the document on record cannot be dismissed on the ground that the documents ought to be produced is irrelevant. Moreover, the applicant is yet to adduce his evidence and as such no prejudice is going to be caused to the other side as respondents would be getting sufficient opportunity for rebutting the documents."

4. This Court while exercising supervisory

jurisdiction under Article 227 of the Constitution of

.

India, will neither sit in appeal over orders of the

Court or Tribunal nor will substitute its own opinion

unless the order suffers from absolute illegality or

perversity. In a Civil Suit, a fact can be said to be

proved only by production of such evidence which is

not only relevant but admissible also. In the second

stage, the evaluation of its evidentiary value comes

into picture. In the instant case, the mere production

of documents will not prejudice the rights of

petitioner in any manner, more particularly, when

they will get a chance to cross-examine the

witnesses produced by the plaintiff and will also get a

chance to rebut the evidence led by him.

5. Learned Trial Court is right in holding

that the evidentiary value of the documents cannot

be seen at the stage of its production. The

production of a document in a civil suit is altogether

a different matter and as noticed above, mere

production of documents will not amount to the proof

of contents thereof.

.

6. In view of above discussion, I find no merit

in this petition and the same is dismissed.

7. Pending miscellaneous application(s), if

any, shall also stand disposed of.

                                              (Satyen Vaidya)





    14th September, 2023                           Judge
         (sushma)