RAMESHCHANDRA BALABHAI DESAI Vs. PADMABEN KALIDAS DESAI
HIGH COURT OF GUJARAT
RAMESHCHANDRA BALABHAI DESAI
PADMABEN KALIDAS DESAI
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(1.) In a suit filed by a wife against her husband for divorce the husband gave an application for discovery of documents. This application was rejected by the Civil Judge Senior Division Surat and hence the husband has now come in revision.
(2.) In his application the husband stated that the wife bad produced some letters along with her plaint and he prayed that whatever other letters and documents that may be in her possession should have been discovered and the wife should be ordered to file an affidavit of documents. Regarding the letters the learned Judge observed in his order that he is expected to know the letters written by him to the petitioner (wife). Regarding the other documents the learned Judge observed that he does not disclose which other documents relating to the petition are in possession of the petitioner (wife). The learned Judge therefore thought that the application for filing affidavit or documents was vague and without any basis. He therefore rejected the application of the husband who has now come in revision.
(3.) Under Order 7 Rule 14 C.P. Code documents relied on in the plaint must be attached to the plaint. Other documents which are relied upon as evidence in support of the plaintiffs claim should be entered in a list to be added or annexed to the plaint. It is then provided in Order 11 Rule 12 Civil Procedure Code as follows:-
Any party may without filing any affidavit apply to the Court for an order directing any other party to any suit to make discovery on oath of the documents which are or have been in his possession or power relating to any matter in question therein on the hearing of such application the Court may either refuse or adjourn the same if satisfied that such discovery is not necessary or not necessary at that stage of the suit or make such order either generally or limited to certain classes of documents as may in its discretion be thought fit: Provided that discovery shall not be ordered when and so far as the Court shall be of opinion that it is not necessary either for disposing fairly of the suit or for saving costs. ;
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