[O.7 R.14 CPC] Failure to Produce Necessary Document Doesn't Automatically Lead To Rejection Of Suit, Court Holds Discretion: J&K High Court

A bench of Justice Javed Iqbal Wani observed,

“..It can be said that the failure to produce the documents as required by Rule 14 does not entail either rejection of the plaint or dismissal of the suit, but the only penalty for failure to produce the documents is laid down in Sub-rule (3), which envisages that the plaintiff cannot be allowed to produce such documents without the leave of the Court”

These observations came in a plea under Article 227 of the Indian Constitution, seeking to overturn an order passed by the 1st Additional District Judge of Jammu.

The petitioner, in a suit for partition and injunction, had sought to introduce vital documents—namely, a certified copy of a judgment and decree, and a lease deed—into the proceedings.

These documents were deemed necessary for the proper adjudication of the case, with the petitioner contending that their late submission was due to circumstances beyond their control.

Upon consideration, the Trial Court rejected the petitioner's application, prompting the instant petition.

Justice Wani, upon hearing the arguments from both sides and perusing the record, delved into the legal framework governing document production. Notably, the Court discussed the evolution of the law, highlighting the transition from the now-omitted Order XIII Rule 2 to the current Order VII Rule 14(3) of the Civil Procedure Code.

“Since sub-rule (3) of Rule 14 is the relevant provision germane to the controversy...a Court, thus has a wide discretion under Sub-rule (3) of Rule 14 of Order VII to allow the production of documents at a later stage having regard to the facts and circumstances of each case”, Justice Wani recorded.

Emphasizing the discretion granted to the Court under the rule, Justice Wani elucidated that the failure to produce documents promptly doesn't mandate the rejection of the plaint or dismissal of the suit.

It was held that the latitude to allow the submission of documents later, considering the specifics of each case, the bench underscored.

In light of the aforementioned principles, the court ruled in favor of the petitioner, setting aside the Trial Court's order and remanding the case for reconsideration.

Case Title: Daljit Singh Vs Dhanwant Kour

Citation: 2024 LiveLaw (JKL) 18

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