Chhoti Das @ Chhoti Mahra vs Rajiv Poddar

Gautam Kumar Choudhary, J

Heard, learned counsel for the parties.

Petitioner is the plaintiff in Original Suit No.15 of 2023 and is aggrieved by the order dated 02.09.2024 (Annexure-5) passed by learned Civil Judge (Sr. Division)-VII, Deoghar, by which the said suit has been dismissed for non-compliance of the order of the Court under Order VII Rule 14 CPC to produce the original documents related with the suit property, as detailed in the plaint.

The question that has been raised at Bar is that can a suit be dismissed for non-compliance of the order passed under Order VII Rule 14 CPC?

It is strange that the suit of the Plaintiff(s) has been dismissed by a cryptic order for non-compliance to a direction for producing some original documents.

The said order is ex-facie not sustainable.

The provision under Order VII Rule 14 CPC does not contemplates dismissal of a suit where the documents are not produced. Where a plaintiff sues upon a document or relies upon it, Order VII Rule 14(1) CPC requires that he shall enter such documents in a list and shall produce it in court when the plaint is presented by him and shall, at the same time deliver the document and copy thereof., to be filed with the plaint. If the said document is not in possession or power of the plaintiff, he shall, wherever possible, state in whose position or power it is in terms of R 14(2). Rule 14(3) lays down the consequence for non-production of the document at the time when the Plaint is presented. If such a list is not furnished at the time of the filing of the plaint, the document will not be admitted into evidence without the leave of the court.

However, nowhere the consequence of dismissal of the suit is provided for non-production of documents. Order reflects poorly on the knowledge of law of the officer concerned.

Accordingly, the impugned order is set aside. The instant CMP is allowed.

Let a copy of this order be placed before the concerned Zonal Judge for kind perusal.