TMI Blog2017 (3) TMI 1874X X X X Extracts X X X X X X X X Extracts X X X X ..... sale deed. They assert that the document was in possession of the vendee-Paremeswar Naik. He is dead. The document is in custody of their Advocate. The document would show some light into the case. The petition is allowed. - C.M.P. No. 1249 of 2015 - - - Dated:- 15-3-2017 - Dr. Justice A.K. Rath, J. For the Petitioners : Mrs. Padmaja Pattnaik, Advocate. For the Opp. Parties : Mr. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the paint. While the matter stood thus, the plaintiffs filed an application under Order 16 Rule 6 C.P.C. to issue summon to one Balaram Naik for cause production of Registered Sale Deed no.1134 dated 8.4.1967. It is stated that they have filed a certified copy of the document along with other documents. The said document is relevant for just decision of the case. They are not in possession of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led calling for the same from the custody of the son of the vendee. She further submits that no prejudice shall be caused to the defendants, if the document is called for. She relies on a decision of this Court in the case of Dolagovinda Pradhan and another Vrs. Bhartruhari Mahatab, 1991 (II) OLR-395. 5. Per contra, Mr.Swain, learned Advocate for the opposite parties supports the order. He subm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. (B) Those documents relate to the matter in question in the suit. The documents must be such that they throw some light into the case and must be in possession of the party. But this power of directing the party to produce the documents is always subject to Secs. 130 and 131 of the Indian Evidence Act. It was further held that the Court has discretion in the matter relating to production ..... X X X X Extracts X X X X X X X X Extracts X X X X
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