The High Court of Delhi dismissed a fresh writ application to set aside orders requiring document production, instead directing the trial court to decide an application under Section 151 of the CPC.
Parties directed to wait for the trial court's decision on the application under Section 151 of the CPC dated 7th May, 2018.
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.
$~42
RAISINA BENGALI SCHOOL SOCIETY & ORS......Appellants Through: Mr. Kirti Uppal, Senior Advocate with Ms.Aastha Dhawan and Ms. Shaini Bhardwaj, Advocates
versus
RAJDEV YADAV & ANR. .....Respondents Through: Ms. Garima Sharma, Advocate for respondents No.1 & 2
Mr. Lohit Ganguly, Advocate for respondents No.6, 15, 16, 25, 30 & 37
CORAM: HON'BLE MR. JUSTICE SUNIL GAUR
O R D E R % 23.07.2018
The orders impugned in this appeal are of 20th April, 1st May and 11th May, 2018 vide which appellants time and again have been directed to produce the documents and if the said documents are not available, then to file affidavit.
Upon hearing and on perusal of impugned orders and the material on record, I find that the appropriate course to adopt is to direct the trial court to decide appellants’ application under Section 151 of CPC dated 7th May, 2018 (Annexure A-15) and till then, appellants be not insisted upon to file the documents.
With aforesaid directions, this appeal and the pending applications are disposed of.
FAO 292/2018
Page 1
Copy of this order be given dasti under the signatures of the Court Master to learned counsel for the parties.
SUNIL GAUR, J
JULY 23, 2018
s
FAO 292/2018
Page 2
1 issue framed by the court
Whether the appellate court should direct the trial court to decide the application for production of documents filed by appellants under Section 151 of the CPC.
1 provisions across 1 enactments
Raisina Bengali School Society & Ors.
Rajdev Yadav & Anr.
Sunil Gaur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
