Supreme Court · 2015 INSC 959 · Decided 3 February 2015
M/S. Rohini Traders v. M/S. J.K. Lakshmi Cement LTD.
- Court
- Supreme Court of India
- Citation
- 2015 INSC 959 · [2015] 1 S.C.R. 981
- Case number
- CIVIL APPEAL No. 10041/2010
- Decided
- 3 February 2015
- Bench
- RANJAN GOGOI, R.K. AGRAWAL (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
A B Code of Civil Procedure, 1908 - Or. XII r. 8 - Notice under - By the plaintiff seeking the defendant to file cerlain documents - Trial Courl decreed the suit drawing adverse C inference against the defendant for not filing the documents - In appeal, High Courl set aside the decree remanding Review petition dismissed - On appeal, held: High Courl rightly remanded the matter for fresh trial setting aside the decree - Trial courl could not have drawn D adverse inference against the defendant because it had produced the document before the courl and the patty was a/so examined
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