AIR 1988 RAJASTHAN 177 ::(1988) 1 Civ LJ 663 ::1988 RajLW 15 ::(1987) 2 Raj LR 465 ::(1988) 1 Raj LW 15

Rajasthan High Court

Hon'ble Judge(s): D. L. Mehta , J

(A) Civil P.C. (5 of 1908) , O.11 R.12, O.11 R.14, S.141 Expln.— Application for production of documents - Can be submitted in miscellaneous application filed in a suit or proceedings and need not be filed in matters which originate in themselves in view of Explanation to S.141 as amended in 1976. AIR 1975 Cal 377 held no longer good law in view of the Amendment. An application under O.11, Rr.12 and 14 for production of documents can be submitted in miscellaneous application filed in a suit, for the grant of temporary injunction, and it in the matters which originate in themselves and not those which spring up from a suit or other proceedings or arise in connection therewith. In view of the Explanation under S.141, as added in 1976, the expression "proceedings" includes proceedings under O.9. The explanation is only explanatory and starts with the word "includes". Thus the word "includes" enlarges the scope of S.141, and in proceedings of a miscellaneous nature which arise in a suit falls within the definition of S.141. The explanation has been added in the C.P.C. to avoid the difficulties of the litigants and multiplicity of proceedings. If an application is filed in the original suit and the temporary injunction application is disposed off without the assistance of the original file then there will be chaos. The assistance of the original file is always ta....