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CPC S. 96(2) – Merely because the defendant pursued the remedy under Order IX Rule 13 CPC, it does not prohibit the defendant from filing the appeal if his application under Order IX Rule 13 CPC is dismissed.

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National Institute of Mental Health & Neuro Sciences v. C. Parameshwara, 2014 PLRonline 0202

CPC S. 151 – Cannot be exercised so as to nullify the provisions of the Code

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CPC S. 96(2) – Merely because the defendant pursued the remedy under Order IX Rule 13 CPC, it does not prohibit the defendant from filing the appeal if his application under Order IX Rule 13 CPC is dismissed.

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CPC O.11 R.14 – Order to petitioner to produce documents – Upheld.

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Civil Procedure Code, 1908 (V of 1908) – Order XI Rule 14 (O. 11 R. 14)  – Rule 14 of Order XI  is confined to production of only those documents that relate to any fact in issue or relevant fact –  Under Rule 14 of Order XI of the Code of Civil Procedure, all the documents listed in the application are required to be produced by the petitioner in the Court and for assisting it to arrive at right conclusion in the suit –  The recovery suit, that has been filed by the respondent against the petitioner, is based on certain documents – The petitioner has been claiming that no amount is due for payment to the respondent – He had a business transaction with the respondent – He must be holding documentary proof to prove that he may have discharged his obligation towards the goods that have been purchased by him from the respondent and the documents sought to be produced, will be relevant for decision of the suit and even, on the basis of those documents, the trial Court may reach at a conclusion that, in view of the documents of the petitioner, that are being sought to be produced from him, no amount is outstanding against him for payment to the respondent, relating to the business transaction, that had taken place between the parties, regarding sale and purchase of electronic goods – Order giving directions to petitioner  – Upheld.

2013 PLRonline 0004

Tags: CPCCPC O.11 R.14CPC O11 R14 P&HP&H

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