M/S. ROHINI TRADERS versus M/S. J.K. LAKSHMI CEMENT LTD.

M/S. ROHINI TRADERS versus M/S. J.K. LAKSHMI CEMENT LTD.

Adverse inference cannot be drawn against a party who has produced documents before the court and has been cross-examined regarding them; it is the duty of the requesting party to have them exhibited. The High Court was correct in setting aside the trial court's decree and remanding the matter for fresh decision.

Parties
Appellant: M/S. Rohini Traders; Respondent: M/S. J.K. Lakshmi Cement Ltd.
Jurisdiction
India
Judgment Date
03 February 2015
Procedural Posture
Civil Appeal / Appeal From High Court Order Remanding for Fresh Trial
Outcome
Appeals dismissed
Legal Topics
Order XII Rule 8 (code of Civil Procedure), Adverse Inference From Failure to Produce Documents
Civil Procedure Order XII Rule 8 (code of Civil Procedure) Adverse Inference From Failure to Produce Documents

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Parties

M/S. Rohini Traders

Appellant

M/S. J.K. Lakshmi Cement Ltd.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Order Remanding for Fresh Trial

Legal Issues

  1. 1 Whether adverse inference could be drawn against respondent for not placing documents on record under Order XII Rule 8 of CPC
  2. 2 Whether High Court was right in remanding the suit for fresh trial after setting aside trial court decree

Ratio Decidendi

Adverse inference cannot be drawn against a party who has produced documents before the court and has been cross-examined regarding them; it is the duty of the requesting party to have them exhibited. The High Court was correct in setting aside the trial court's decree and remanding the matter for fresh decision.

Court Disposition

Appeals dismissed

Orders

  • Appeals dismissed with no order as to costs