PRADEEP KUMAR Vs. DINESH KUMAR SRIVASTAVA
LAWS(RAJ)-2014-7-148
HIGH COURT OF RAJASTHAN
Decided on July 28,2014

PRADEEP KUMAR Appellant
VERSUS
Dinesh Kumar Srivastava Respondents

JUDGEMENT

R.S. Chauhan, J. - (1.) IN pursuance of the public notice issued by this Court inviting litigant to come and argue their case in absence of their counsel, Mr. Pradeep Kumar, the petitioner No. 1, has appeared before this Court. The petitioners have challenged the order dt. 24.9.2013 passed by the Additional District Judge No. 2, Sikar, whereby the learned Judge has allowed an application filed under Order 16 Rule 6 read with Section 151 CPC filed by the respondent -plaintiff and has summoned the Will dt. 24.10.1970 executed by a lady doctor Grace Harris from the office of Sub -Registrar, Sikar.
(2.) MR . Pradeep Kumar has pleaded that since the Will is not connected with the dispute involved in the civil suit, the learned Judge should not have summoned the said document. Therefore, the learned Judge has erred in invoking his power under Order 16 Rule 6 CPC. Hence, the impugned order deserves to be set aside. Heard Mr. Pradeep Kumar, and perused the impugned order.
(3.) ORDER 16, Rule 6 is as under: - - "6. Summons to produce document -Any person may be summoned to produce a document, without being summoned to give evidence, and any person summoned merely to produce a document shall be deemed to have complied with the summons if he causes such document to be produced instead of attending personally to produce the same." The provision bestows sufficient powers upon a trial Court to summon a document.;


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