Order 7 Rule 14 CPC Cannot Be Invoked To Seek Production Of Documents That Inadvertently Remained In Counsel's Brief: HP High Court

The Himachal Pradesh High Court has held that the plea that documents were inadvertently left in the counsel's brief is not a valid ground to invoke the provisions of Order VII Rule 14 of the Code of Civil Procedure.

Rejecting the Contention of the Petitioner Justice Ajay Mohan Goel remarked that: “These pleas are no reasons to invoke the provisions of Order 7, Rule 14 of the Code of Civil Procedure. These provisions have been provided in the Statute to advance the cause of justice and not to throttle the wheel of justice as apparently is the intent of the petitioner.”

The petitioner filed an application before the High Court under Article 227 of the Constitution, seeking to set aside the order of the trial court which rejected his application filed under Order VII Rule 14 of the Code of Civil Procedure.

He contended that the rejection of the applicant has caused prejudice to him as he had to file certain documents, including a Parivar register, which were important for the civil suit pending since 2012.

The Court observed that the petitioner had filed the application after he was given five opportunities. Thereafter, the only reason given by him was that the documents could not be placed on record, as the documents inadvertently remained in the brief of counsel.

Thus, the Court dismissed the petition and held that the procedure of the court cannot be misused by a party to delay the adjudication of the case or to fill up the lacunae in the case.

Case Name: Sh. Mukhtyar Singh V/s Gyan Singh & Others.

Case No.: CMPMO No. 109 of 2025

Date of Decision: 05.08.2025

For the Petitioner: M/s Dheeraj K. Vashisht and Shrutika Chauhan Advocate.

For the Respondents: Mr. Desh Raj Thakur, Advocate for respondent No.2.

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