Namita Verma & Ors. v. Momman Khan & Ors.

1. This hearing has been done in physical Court. Hybrid mode is permitted in cases where permission is being sought from the Court.

2. The present petition challenges the impugned order dated 10th April, 2019 by which the Trial Court in CS No.8953/16 titled Namit Verma & Ors. v. Momman Khan & Ors. has directed the production of original documents in the application under Order XIII Rule 1 CPC filed by the Plaintiffs/Petitioners (hereinafter “Plaintiffs”). The Plaintiffs herein had sought permission merely for dispensation of the requirement to file original documents on record. The Plaintiffs instead sought directions to produce the relevant original documents in Court, for the Defendants to inspect the same at a convenient date, in terms of the judgment of the ld. Single Judge of this Court in Aktiebolaget Volvo and Ors. v. R. Venkatachalam and Ors., 160 (2009) DLT 100. The relevant extract of the said decision is as under:

3. The above position is also reiterated in the Delhi High Court (Original Side) Rules, 2018 (hereinafter “2018 Rules”) which exempts parties from filing original documents. It is sufficient if the same are produced for inspection. The relevant rules are Rules 2 and 3 of Chapter VII of the 2018 Rules, which read as under: “CHAPTER VII APPEARANCE BY DEFENDANT, WRITTEN STATEMENT, SET OFF AND COUNTER-CLAIM XXX

2. Procedure when defendant appears.—If the defendant appears personally or through an Advocate before or on the day fixed for his appearance in the writ of summons:—

(i) where the summons is for appearance and for filing written statement, the written statement shall not be taken on record, unless filed within 30 days of the date of such service or within the time provided by these Rules, the Code or the Commercial Courts Act, as applicable. An advance copy of the written statement, together with legible copies of all documents in possession and power of defendant, shall be served on plaintiff, and the written statement together with said documents shall not be accepted by the Registry, unless it contains an endorsement of service signed by such party or his Advocate.

(ii) the Registrar shall mark the documents produced by parties for purpose of identification, and after comparing the copies with their respective originals, if they are found correct, certify them to be so and return the original(s) to the concerned party.

3. Affidavit of admission/ denial of documents alongwith written statement. – Alongwith the written statement, defendant shall also file an affidavit of admission/ denial of documents filed by the plaintiff, without which the written statement shall not be taken on record. Alongwith the written statement, the defendant shall be entitled to file applications for interrogatories for examination of the plaintiff together with proposed interrogatories; application for discovery; and application for inspection of such documents.” Thus, filing of original documents is no longer required even as per the 2018 Rules.

4. In the present case, on 12th September, 2019, notice was issued in the present petition in the presence of counsel for the Respondents/Defendants (hereinafter “Defendants”). None has appeared on behalf of the Defendants on 11th February, 2020, 6th January, 2021 and 21st October, 2021. In the meantime, Mr. Deshmukh, ld. Counsel for the Plaintiffs submits that the Defendants have already been proceeded against ex-parte before the Trial Court vide order dated 12th November, 2021.

5. In view of the said subsequent events, the issue concerning production/filing of the original documents would no longer arise as the Defendants have been proceeded against ex-parte.