NDLI: Babbar Sewing Machine Co. Vs. Trilok Nath Mahajan

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Civil Procedure Code 1908 (Act V) Order XI rule 21 read with Section 151
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Code of Civil Procedure, 1908 (5 of 1908)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Defence in a suit, striking out of for non-compliance with order for discovery-Civil Procedure Code 1908, (Act V) Order XI rule 21 read with Section 151, Scope of-Right to cross examine, whether lost. The plaintiff-respondent claiming to be an assignee of a debt under a deed dated 27th April, 1965, filed a suit against the defendant-appellant for recovery of a certain sum alleged to be due to M/s Chitra Multipurpose Cooperative Society, the assigner. On an interlocutory application moved by the respondent under Order XI rules 14 and 18 C.P.C. for the production of certain documents, despite the objection by the appellant the Trial Court directed their production. The appellant produced all the documents in his possession on 7 -2-67, but he was permitted to take back the account books as they were required to be produced before the Income Tax Officer on that day with the direction that he should produce them on 23-2-67. On 23-2-67, when the appellant appeared in the Court with his books the trial judge directed him to produce them on 16-3-67 and in the meanwhile allow their inspection to the respondent with three days' notice. The appellant accordingly sent a letter dt. 25-2-67 asking therespondent to take inspection of the account books on 27-2·67 at 6 p.m. in the office of his Counsel. On his failure to do so, the appellant sent once again a registered letter dt. 1-3-1967 asking the respondent to inspect the records on 9-3-67 in his lawyer's office between 7 p.m. and 9 p.m. The respondent never sent any reply to the notice. Nor did he avail of the opportunity of inspecting the account books at the office of the appellant's lawyer on 9-3-67. On 16-3-67, the Trial Court passed an order saying that the appellant should produce the books within four days in the Court to enable the respondent's counsel to inspect them before 29-3-67 i.e. the date fixed for evidence. After the examination of three witnesses of the respondent, the trial Court asked the respondent's Counsel to apply under Order XI rule 21 to strike out the defence of the appellant. On 31-3-67 the respondent filed an application accordingly which was vehemently opposed by the appellant. The appellant also moved both the District Court and the High Court for transfer of the suit to some other Court of competent jurisdiction. The High Court declined to interfere. Thereupon the trial Court passed an order on 23-5-67 striking out the defence of the appellant and on 21-6-7 refused permission to the appellant's counsel to cross-examine the respondent's witnesses. The revision filed by the appellant in the High Court was rejected on 14-8-1968.
Judge	Hon'ble Mr. Justice A.P. Sen
Neutral Citation	1978 INSC 123
Petitioner	Babbar Sewing Machine Co.
Respondent	Trilok Nath Mahajan
SCR	[1979] 1 S.C.R. 57
Judgement Date	1978-08-07
Case Number	2126

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Babbar Sewing Machine Co. Vs. Trilok Nath Mahajan

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Babbar Sewing Machine Co. Vs. Trilok Nath Mahajan

Babbar Sewing Machine Co. Vs. Trilok Nath Mahajan

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