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Judgment
J.K. Maheshwari, J.—Heard learned counsel for the parties.
Invoking the jurisdiction under Article 227 of the Constitution of India assailing the order dated 17.12.2015 passed by the First Civil Judge, Class II, Morena, rejecting the application under Order 16, Rule 6 of the C.P.C. because the brothers of the plaintiffs Keshavlal and Mahendra Kumar are not a party to the proceedings, however, direction to produce those documents which is in their possession cannot be issued. It is observed by the Court that the documents are necessary for the defendant No.1 but summons cannot be issued for production of documents to plaintiffs'' brothers who are not party to the suit, therefore, the production of the documents cannot be directed.
After hearing learned counsel for both the parties, looking to the defence taken in the written statement and to mitigate the findings, the provisions of Order 16, Rule 6 of C.P.C., is necessary to refer which is reproduced as under.
"Any person may be summoned to produce a document, without being summoned to give evidence, and any person summoned merely to produce a document shall be deemed to have complied with the summons if he causes such document to be produced instead of attending personally to produce the same"
Meaning thereby, it is not necessary that the documents asked for by the petitioner, under Order 16, Rule 6 of C.P.C. cannot be summoned because the persons in whose possession those documents are available are not a party to the proceedings. The Court is having ample power to call for such persons to produce the document who is not the party. Here, it is required to observe that the relevancy of such document to the subject matter is one of the aspect which may be seen by the Court but its production can not be denied from the persons who is in possession of those documents because he is not a party to the proceedings.
Keeping in view the above facts and circumstances, the impugned order Annexure P/1 is set-aside. However, the learned Trial Court is directed to reconsider the application filed by the petitioner under Order 16, Rule 6 of the C.P.C. in view of the foregoing observations and pass an appropriate orders.