Rameshwar Prasad And Another vs Sri
2023 Latest Caselaw 159 UK

Citation : 2023 Latest Caselaw 159 UK
Judgement Date : 10 January, 2023

Uttarakhand High Court

Rameshwar Prasad And Another vs Sri on 10 January, 2023

                      Office Notes,
                   reports, orders or
SL.                 proceedings or
         Date                                       COURT'S OR JUDGES'S ORDERS
No                   directions and
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                    with Signatures
      10.01.2023                        CLR No.6 of 2023
                                        Hon'ble Alok Kumar Verma, J.

Proposed Civil Revision has been filed under Section 115 of the Code of Civil Procedure, 1908 against the order dated 10.11.2022, passed by learned Additional District Judge, Vikasnagar, Dehradun in Original Suit No.01 of 2012, " Sri Rameshwar Prasad and Another vs. Sri Shoorveer Singh Chauhan and Others", filed under Section 92 of CPC, whereby, an application (paper no.155C2), filed by the revisionists-defendants to take on record; Audit report, Balance sheet, Income & Expenditure Account of the years 2019-20, 2020-21 & 2021-22 of the Shiv Mandir Samiti, Selaqui, Dehradun, has been dismissed.

2. Heard Mr. Piyush Garg, learned counsel for the proposed revisionists.

3. Mr. Piyush Garg, Advocate submitted that the said documents, filed at the time of the defence evidence, are relevant to show that there is no mis-management of the Shiv Mandir Samiti, Selaqui, Dehradun, as claimed by the plaintiffs-respondent nos.1 and 2.

4. Mr. Piyush Garg, Advocate argued that to do substantial justice, the Court should take a lenient view when an application is made for production of the documents under sub-rule (3) of Rule 1-A of Order 8 CPC.

5. In support of the said submission, he has relied upon a judgment of the Hon'ble Supreme Court in Sugandhi (Dead) by Legal Representatives and Another vs. P. Rajkumar Represented by His Power Agent Imam Oli, (2020) 10 SCC 706.

6. Admit.

7. Issue notice to the respondent nos.1 &

2. Steps to be taken within three days.

8. List this case on 15.02.2023. Till then, further proceedings of Original Suit No.01 of 2012, "Sri Rameshwar Prasad and Another vs. Sri Shoorveer Singh Chauhan and Others", pending before the learned Additional District Judge, Vikasnagar, Dehradun, are stayed.

(Alok Kumar Verma, J.) 10.01.2023

JKJ/Pant