Revision petition regarding refusal of direction to produce unregistered Will. Court held Order XII CPC mandatory. Order dismissed without prejudice to statutory notice requirement.
Revision dismissed; liberty to seek production following mandatory Order XII CPC procedure and serve notice.
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HON’BLE SRI JUSTICE V.RAMASUBRAMANIAN Civil Revision Petition No.2802 of 2017
Order:
Aggrieved by an order of the trial Court refusing to issue a direction to the defendants to produce an original unregistered Will, allegedly in their possession, the plaintiff in the suit has come up with the above revision.
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is a document in the possession of the defendant, which if produced, would reveal the truth, the plaintiff is obliged to issue a notice to the defendant for the production of the document. If despite such a notice being served, the defendant fails to produce the document, the plaintiff can always seek the Court to draw an adverse inference.
__________________________ V.RAMASUBRAMANIAN, J. 23rd June, 2017. Ak
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HON’BLE SRI JUSTICE V.RAMASUBRAMANIAN
Civil Revision Petition No.2802 of 2017
23rd June, 2017. (Ak)
2 issues framed by the court
Whether a party can seek direction to produce a document without following the procedure prescribed in Order XII CPC
Whether the lower court correctly refused to issue direction without adherence to statutory notice procedure
1 provisions across 1 enactments
Petitioner
Respondents
V. Ramasubramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
