CR No.2664 of 2022 (O&M) S. No.277 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CR No.2664 of 2022 (O&M) Date of Decision:26.03.2025 Mahender Singh (since deceased) through his LR ....Pe11oner Vs. M/s Hari Chand Jagdish Chand and others .....Respondents CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Munish Kumar Garg, Advocate for the peoner. Mr. Mohan Singla, Advocate for respondent No.1. **** DEEPAK GUPTA, J. (Oral) Arguments have been heard. 2. Suit for recovery of ₹48,40,000/- along with interest was filed by the plainff- M/s Hari Chand Jagdish Chand (respondent No.1 herein) wayback in 2019. Defendants put in appearance through their counsel on 06.04.2019 and moved an applicaon to direct the plainff to provide proper translated copies of cash book, ledger and balance sheet, which were relied by the plainff. Same were placed on record by counsel for the plainff- respondent, as per the order dated 23.10.2019 (Annexure P.17) of the trial Court and, as such, the applicaon of the defendants was disposed of. Defendant sll did not file the wri9en statement, which prompted the plainff to move an applicaon to strike off the defence of the defendants. Defendant then filed the wri9en statement. Page No.1 out of 3 pages RENU 2025.03.27 16:30 I attest to the accuracy and integrity of this document Chandigarh CR No.2664 of 2022 (O&M) 3. Later, defendant- peoner moved yet another applicaon under Order 11 Rule 5 CPC read with Secon 151 CPC (Annexure P.3) submi>ng that he required balance-sheets for assessment year 2010-2011 to 2019-2020; profit and loss account from the year 2010-2011 to 2019-2020; cash book and ledger account from the year 2010-2011 to 2015-2016 and J-Farm from the year 2010- 2011 to 2018-2019, for filing the wri9en statement. Trial Court dismissed the said applicaon by way of the impugned order dated 07.04.2022 aCer observing that the wri9en statement had already been filed by the defendants. 4. Assailing the afore-said order, it is contended by learned counsel for the defendant (peoner herein) that they were compelled to file the wri9en statement, as an applicaon to strike off the defence had been moved and that since the documents, the producon of which was sought by the defendants, were in landi language and not properly legible, so the producon of the complete documents as menoned in the applicaon was required. On the other hand, learned counsel for the respondent- plainff has pointed out that while dismissing the applicaon by way of the impugned order, learned trial Court has already observed that defendants will have ample opportunity to summon the concerned witnesses along with the record and as such, there is no illegality in the order. 5. Faced with the afore-said situaon, learned counsel for the peoner submits that the trial Court has permi9ed the defendant- peoner to summon the relevant witnesses along with the record at the me of their evidence but in case that record is not produced by the plainff, the defendants will not be able to properly cross-examine him. Learned counsel submits that he will be sasfied in case the defendant- peoner is permi9ed to cross-examine the plainff or his witness, as and when the documents as menoned in the applicaon are produced by the plainff or his witness. To this request, even counsel for the respondent- plainff has no objecon. Page No.2 out of 3 pages RENU 2025.03.27 16:30 I attest to the accuracy and integrity of this document Chandigarh CR No.2664 of 2022 (O&M) 6. In the above facts and circumstances, the present revision peon is hereby disposed of by modifying the impugned order dated 07.04.2022 with the direcon that on producon of the requisite record as menoned in the applicaon Annexure P.3 by the plainff during its evidence, defendants will be provided proper opportunity to cross-examine the witnesses and in case, the record produced by the plainff is in landi language, the true translated and legible copy thereof shall be supplied to counsel for the defendant- peoner for proper cross-examinaon of the plainff/ its witness, who produced the record. Disposed of. March 26, 2025 (DEEPAK GUPTA) renu JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No Page No.3 out of 3 pages RENU 2025.03.27 16:30 I attest to the accuracy and integrity of this document Chandigarh