Order
R.C.S. No. 20/2013
Order below Exh. 21
1] This is an application made by the plaintiff for
production of documents as per Order 11, Rule 14 of the
Code of Civil Procedure. The suit is for redemption of
mortgage. According to the plaintiff, the mortgage deeds
dated 17/01/1997 and 10/09/1997 are in the possession of the
defendant. Hence, the application.
2] Perused the application, say thereon and the record.
Heard both sides.
3] The main objection of the defendant is that the
plaintiff has resorted to Order 11, Rule 14 of the Code of
Civil Procedure without giving any notice to the defendant.
The provision regarding notice is in Order 11, Rule 16.
Provision under Order 11, Rule 14 is independent of the
same. Hence, I hold that no such notice is required. The
defendants have admitted the execution of the documents
sought to be produced by the plaintiff. Hence, I pass the
following order.
ORDER
1] Application at Exh. 21 is allowed.
2] The defendant no. 1 is directed to produce
the deeds of mortgaged by conditional sale
dated 17/01/1997 and 10/09/1997 upon oath.
Sd/-