C.R. No. 1020 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 1020 of 2010 (O&M) Date of Decision: 12.08.2010 Kamlesh .... Petitioner Versus Parveen Kumar ... Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present :- Mr. Rakesh Kumar Sharma, Advocate for the petitioner Mr. Vimal Kumar Gupta, Advocate for the respondent ALOK SINGH, J. (ORAL) 1. Present petition is filed challenging order dated 11.1.2010 passed by Civil Judge (Sr. Divn.) Jagadhri whereby an application of the plaintiff-petitioner to direct the defendant to produce the accounts/record of the partnership firm was rejected. 2. Present petitioner-plaintiff filed suit for dissolution of the partnership and for rendition of accounts. In the suit plaintiff moved an application under Order 11 Rule 14 seeking direction from the Court to direct the defendant to produce all the accounts books before the Court. The request of the plaintiff was declined on the ground that if defendant is directed at this stage to produce all the accounts books it would amount to decreeing the suit of rendition of accounts. 3. Both the counsel for the parties admit that there was a partnership firm between the plaintiff and defendant and accounts of C.R. No. 1020 of 2010 (O&M) 2 the partnership are in the possession of the defendant. Both the counsel for the parties further admit that accounts books in possession of the defendant are relevant piece of evidence to decide the lis between the parties. Admittedly documents sought to be summoned are not privileged one. 4. In the opinion of this Court, if documents are not privileged one and are important piece of evidence to decide effectively lis between the parties those documents should be summoned. In the opinion of this Court since present suit is for dissolution of partnership and rendition of accounts, hence, all the accounts books should come before the Court. 5. In view of the above, order impugned is set aside. 6. Application moved by the plaintiff under Order 11 Rule 14 CPC stands allowed. Defendant-respondent herein is directed to produce all the entire accounts books of the partnership firm before the trial Court on or before 31.8.2010 alongwith the xerox copy of the accounts books. Trial Court after getting the xerox copy verified with the original accounts books may pass suitable order to keep on record duly verified xerox copies of the accounts books and may further direct to return the original one to the defendant to keep in safe custody till it is further summoned. (ALOK SINGH) 12.08.2010 JUDGE reena