1967 (9) TMI 76

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..... application made by the plaintiff directing the 16th defendant in the action to produce certain account books which admittedly relate to the affairs of an incorporated company, though the private limited company was not a party to the suit, ordered the same on the ground that these are documents which can be deemed to be in any event in his power and custody as he is the managing director of the s .....

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..... e possession or power of the 16th defendant. I have already said that these documents relate to the affairs of entities which are distinct and separate from the 16th defendant. The purpose and intendment in the production of such documents appear to be for cross-examining the 16th defendant who is still in the box on the evidence spoken to by him already in the witness box. Order XI, rule 14, Civi .....

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..... t make an order for production of documents on a person who is not a party to the suit. The plaintiff may, if so advised, amend the bill, so as to make the defendant set out all the entries himself, and he can then get the production of the originals at the hearing by means of a subpoena duces tecum." The modus operandi adopted by the petitioner to call for the documents in question to cross-exam .....

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