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Judgment
This original petition is filed by the original defendants in O.S.No.233/2015 on the file Munsiff Court, Aluva, challenging Ext.P6 order allowing I.A.No.1086/2019 filed by the plaintiff in the suit for production of original agreement dated 01.07.2005.
The suit was filed for cancellation of agreement dated 01.07.2005 and consequential reliefs. During the course of the proceeding, the plaintiff filed application for issue of direction to defendants in the suit to produce the original agreement. This application was filed evidently for the reason that in the event the court ultimately takes a view of cancelling the document in question, production of original agreement would be necessary.
The petitioners herein opposed the application and the court below after considering the contentions of both parties, allowed the application by the impugned order.
I heard the learned counsel for the petitioners and respondent.
It is submitted on behalf of the petitioners that there are no sufficient contentions raised in the plaint which would enable them to obtain a decree for cancellation of the agreement. As to whether there are requisite contentions enabling a decree for cancellation is a matter for the court below to consider on merits during the course of the trial of the suit.
'A' prayer in the plaint is for cancellation of the agreement. In my opinion, in order to grant an effective decree cancelling agreement, the production of the original agreement is quite necessary. This appears to be the principle underlying Section 31 of the Specific Relief Act, 1963.
The learned counsel for the petitioners submitted that, if original agreement is ordered to be produced, it would affect the day-to-day business of the plaintiff.
I find my way difficult to accept this argument. The petitioners can apply and obtain certified copy of the original and make use of it for the purpose of daily conduct of the business.
In the result, original petition is allowed setting aside the impugned Ext.P6 order dated 19.11.2019. However, there shall be a direction to the court below to keep original agreement produced in safe custody.
All pending interlocutory applications will stand closed.