Letter Patent Appeals dismissed. Court held that a plaintiff cannot be forced to produce documents; if the trial court is satisfied, adverse inference can be drawn, warranting no interference.
Letter Patent Appeals dismissed; no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR.
L.P.A. No. 271 of 2011
in
WRIT PETITION NO.2001/2011 (D)
( C.P. Mali .vs. Smt. Sunita S. Mali )
with
L.P.A. No. 272 of 2011
in
WRIT PETITION NO.2000/2011 (D)
( S.B. Suryavanshi .vs. Smt. Sunita S. Mali )
with
L.P.A. St. No. 11475 of 2011
in
WRIT PETITION NO. 2687/2011 (D)
( Dhanraj Narayan Ghawalkar and another .vs. Smt. Sunita S. Mali )
with
L.P.A. St. No.11477 of 2011
in
WRIT PETITION NO.2688/2011 (D)
( Ganesh Pyarelal Jaiswal .vs. Smt. Sunita S. Mali )
Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders
Mr. R.G. Kavimandan Advocate for Appellant.
CORAM : B.P.DHARMADHIKARI & P.D. KODE, JJ. DATED : JULY 05, 2011
L.P.A. Stamp Nos.11475/2011 and 11477/2011 not on board. Taken up with consent. Heard Advocate Mr. Kavimandan for the
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appellant. His grievance is the respondent/plaintiff is suppressing best possible material and hence the petitioner/defendant made effort to bring it on record.
After hearing the learned counsel, we find that Trial Court as also learned Single Judge has correctly appreciated the controversy. The plaintiff cannot be forced to produce documents and if the trial Court is satisfied, appropriate inference against him in the matter can be drawn. Hence we are not inclined to interfere. Letter Patent Appeals are accordingly dismissed. No costs.
JUDGE
JUDGE
halwai
1 issue framed by the court
Whether to interfere when the plaintiff was not forced to produce documents and the trial court drew adverse inference.
( unnamed appellant )
Sunita S. Mali
B.P. DHARMADHIKARI
P.D. KODE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
