AIR 1961 MADHYA PRADESH 348 ::1960 JabLJ 1184

Madhya Pradesh High Court

Hon'ble Judge(s): H. R. Krishnan , J

Civil P.C. (5 of 1908) , O.11 R.14— Power of Judge at stage of preparing judgment to order suo motu plaintiff to produce existing public documents. A Judge trying the suit is not like an umpire sitting over the battle of wits between counsel on both sides. Where necessary he may help and even prompt either party to produce what may be best in its interest. Where the non-production of existing public documents will affect the plaintiff adversely to a degree out of proportion to the negligence on his part to take the formal steps, the Judge can, even at the stage of preparing his judgment, order suo motu the plaintiff to produce those documents, subject, however, to the right of the defendant to meet and counter the case arising out of such production and to be compensated by special costs for the inconvenience caused to him.(Para 1 2 4 5)