Supreme Court of India
M/s. Rohini Traders v. M/s. J.K. Lakshmi Cement Ltd.
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What the Court ordered
In view of the above discussion, the appeals fail and D are hereby dismissed with no order as to costs.
Judgment, page 8
From the headnote
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 inference against the defendant for not filing the documents - In appeal, High Courl set aside the decree remanding the · matter for fresh trial- 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 adverse inference against the defendant because it had produced the document before the courl and the patty was a/so
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