impugned order makes specific reference to the provision, the instant
matter is to be governed by the provisions of Order VIII Rule ... tested on the touchstone of Order VIII
Rule 1A (3) of the Code. The said provision, which was added to the
Code
produce documents without
applying for summons under Rule 1.
..............................................................................................
Rule 1-A of Order 16 clearly brings to surface the two
situations in which ... directed by sub-rule (1) of Rule 1 and make an
application as provided by sub-rule (2) of Rule 1. But
where the party
VIII rule 1A, Rule 1A(1) and
(2) of "the Code", it is not mandatory in view of sub-rule (3),
which ... ought to be
produced, as referred to in sub-rule (1) of Rule 1A of Order VIII
of "the Code", of course
application. By means of the impugned order,
that application under Order VIII Rule 1A(3) of CPC has
been rejected. Learned counsel ... rejection of an application
under Order VIII Rule 1-A of the CPC and Order VI Rule
17 of the CPC in arbitration
under Order VIII Rule 1A (3) read with
Section 151 of the Civil Procedure Code [' CPC '] in order to bring ... Trial Court vide order
dated 29.01.2025 (Annex-6) partly allowed the application filed by
the present petitioners under Order VIII Rule
Income Tax Department.
4. Vide order dated 09.05.2018, an application under Order 8
Rule 1A(2) and 1A(3) of CPC read with ... dismissed the
application of appellant/defendant under Order VIII Rule 1A CPC
vide order dated 09.05.2018 whereas the said application was
liable
terms of Order VIII Rule 1A(4) CPC and that
no objection was raised by the respondents when the said
documents were exhibited ... documents
upon which relief is claimed but sub rule 4(a) of rule 1A of
order VIII carves out an exception which gives
light of provisions contained in Order 13, Order 8 C.P.C and Chapter 3 Part C, Rules 40 to 69, General Rules ... Order VIII Rule 1A in respect of the documents of defendants. Both these rules have also undergone amendment by substitution and Order
respondent/plaintiff. The
appellants/defendants moved an application under Order VIII Rule 1A CPC
whereby they sought an opportunity to place on record, additional ... Rule 10 CPC and Order VIII Rule 1A CPC , before decreeing the suit
under Order XII Rule 6 CPC . Mr. Kirti Uppal, learned
summarised as follows :
1. Order VII Rule 14 of CPC , Order VIII Rule 1(A) and order XIII Rule ... Order VIII Rule
1(A). An exception, however, is curved out under Sub-rule 4 of Order VII Rule
13
14, in case
