The High Court disposed of a revision under Order XI Rules 12 and 14 read with Section 151 CPC. The petitioner sought to compel production of records, noting the respondent admitted not maintaining accounts for eight years.
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Civil Revision No. 2187 of 2010
Date of decision: October 30, 2012
Amrik Singh
.. Petitioner
Vs.
M/s Amin Lal Isher Ram and Company, Jaito
.. Respondent
Coram: Hon'ble Mr. Justice A.N. Jindal
Present: Mr. Akash Singla, Advocate for Mr. Ashish Singla, Advocate for the petitioner. Mr. Ashish Gupta, Advocate for the respondent.
A.N. Jindal, J
This petition assails the order dated 25.2.2010 passed by the trial court dismissing the application filed under Order XI Rules 12 and 14 read with Section 151 CPC, by the petitioner-defendant.
The respondent-plaintiff has made clear cut statement before the trial court that he is not maintaining any account for the last eight years. Learned counsel for the respondent also submits that the plaintiff does not maintain any record for more than eight years. The application was filed on 3.2.2010 when the plaintiff had already closed the evidence and the case was fixed for the defendant's evidence.
In any case, the court would see the consequences of non production of the record and would also see, “whether the plaintiffs were bound to maintain the record for more than eight years or not?”
Disposed of accordingly.
October 30, 2012 deepak
(A.N. Jindal) Judge
1 issue framed by the court
Whether the consequence of non-production of the record or the obligation to maintain records should be considered before disposing of the revision.
1 provisions across 1 enactments
Amrik Singh
M/s Amin Lal Isher Ram and Company
A.N. Jindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
