LAWS(CAL)-2015-6-126

BIRLA CORPORATION LTD. Vs. BHUPEN HALDER

Decided On June 25, 2015
BIRLA CORPORATION LTD Appellant
V/S
BHUPEN HALDER Respondents

JUDGEMENT

(1.) Learned counsel for both the p ies are present. Heard the matter.

(2.) The instant application is directed against Order No. 15 dated January 9, 2014 passed by the learned Civil Judge(Senior Division) First Court, Alipore, on the ground that the learned Judge of the court below has illegally and with material irregularity permitted marking of those documents which are not made part of the plaint or formed the part of the documents sought to be relied upon by the plaintiff as exhibits in contravention of Order VII, rule 14 of the Code of Civil Procedure.

(3.) It is contended that under Order VII, rule 14 of the Code where a plaintiff sues upon a document or relied upon a document in his possession or power in support of his claim he is supposed to enter such documents in a list and to produce it before the court when the plaint is presented by the plaintiff with a copy of the same to be delivered to the opposite party. It is, further, submitted that the learned court below by passing the order impugned has failed to exercise his jurisdiction vested in law and not taking into consideration that under the provision of Order VII, rule 14(3) of the Code, any document which is sought to be produced by the plaintiff when the plaint is presented or sought to be entered in the list appended to the plaint, such document cannot be tendered or be received in evidence without the leave of the court.