Whether executing court can direct discovery of document in execution proceeding?

The trial Court by the impugned order dated November 29, 1999 has allowed the application filed by the judgment-debtor to make discovery of the documents in question in execution proceedings. Learned counsel for the non-applicant fairly concedes that it is not possible to support the said reasoning as the question of discovery of documents will not arise in execution proceedings. Since no provision in the Code of Civil Procedure has been brought to my notice that would authorise the Executing Court to issue direction to make discovery of the documents, it is not possible to sustain the approach of the lower Court. In the circumstances, the impugned order is set aside.

IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH)

Civil Rev. Appln. No. 77 of 2000

Decided On: 23.08.2000

Appellants: Municipal Council, Murtizapur
Vs.
Respondent: Neminath Shantinath Agarkar through L.Rs. Rajulabai Wd/o Neminath Agarkar

Hon'ble Judges/Coram:
A.M. Khanwilkar, J.

Citation; 2001(2) Civil court cases19 Bom

1. Rule. Rule returnable forthwith. Heard both sides.

2. The trial Court by the impugned order dated November 29, 1999 has allowed the application filed by the judgment-debtor to make discovery of the documents in question in execution proceedings. Learned counsel for the non-applicant fairly concedes that it is not possible to support the said reasoning as the question of discovery of documents will not arise in execution proceedings. Since no provision in the Code of Civil Procedure has been brought to my notice that would authorise the Executing Court to issue direction to make discovery of the documents, it is not possible to sustain the approach of the lower Court. In the circumstances, the impugned order is set aside. The revision application is allowed in the above terms. No order as to costs.

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