- 1 - HC-KAR NC: 2025:KHC-D:14206 WP No. 107602 of 2023 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 23RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 107602 OF 2023 (GM-CPC) BETWEEN: SRI. RUDRAPPA S/O. EARAPPA UDKERI AGE: 48 YEARS, OCC: BUSINESS, R/O. YAVGAL VILLAGE, TAL: RON, DIST: GADAG-582209. …PETITIONER (BY SRI. KAMALAKAR M.S., ADVOCATE) AND: 1. SMT. VIJAYALAXMI W/O. CHANNAPPA JAINAR AGE: 55 YEARS, OCC: HOUSEWIFE, R/O. YAVGAL VILLAGE, TAL: RON, DIST: GADAG-582209. 2. SRI. PUTTARAJU S/O. CHANNAPPA JAINAR AGE: 25 YEARS, OCC: AGRICULTURE, R/O. YAVGAL VILLAGE, TAL: RON, DIST: GADAG-582209. …RESPONDENTS (NOTICE TO R1 AND R2 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, 1950, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI SETTING ASIDE THE ORDER DATED 11.04.2023, ON IA NO.4 PASSED BY THE HON’BLE PRINCIPAL CIVIL JUDGE AND JMFC, AT RON IN O.S.NO.46/2022 AS PER ANNEXURE - D, AND CONSEQUENTLY ALLOW THE APPLICATION FILED U/O 11 RULE 14 OF CPC, IN THE INTEREST OF JUSTICE AND EQUITY AND EXTEND ALL THE CONSEQUENTIAL BENEFITS. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14206 WP No. 107602 of 2023 THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This petition is filed under Articles 226 and 227 of the Constitution of India by the petitioner assailing the order dated 11.04.2023 passed on I.A.No.4 in O.S.No.46/2022 by the Additional Civil Judge, Ron1. In terms of the said order, the application filed under Order XI Rule 14 of the Code of Civil Procedure, 19082, is rejected. 2. It is noticed that the suit is one for specific performance of a contract. The plaintiff had produced the agreement for sale, which was subsequently returned to him upon his application seeking to make good the deficit stamp duty on the said document. After paying the necessary stamp duty, the plaintiff sought to reproduce the same document before the Court by filing an application under Order XI Rule 14 of the Code. There was no objection raised to the said application. However, the 1 Hereinafter referred to as the ‘Trial Court’ 2 Hereinafter referred to as the ‘Code’ - 3 - HC-KAR NC: 2025:KHC-D:14206 WP No. 107602 of 2023 Trial Court dismissed the application on the ground that the provisions of Order XI Rule 14 of the Code were not applicable to the case. 3. It is noticed that the application is filed under Order XI Rule 14 of the Code. The said provision does not apply to the fact situation. The appropriate provision under which the application ought to have been filed is Order VII Rule 14 of the Code. It appears that there was a typographical error in mentioning the provision in the said application. 4. It is well settled principle of law that quoting a wrong provision of law is not a ground to dismiss an application. On perusal of the application, it is very much apparent that the plaintiff has made out a case for production of document. It is also noticed that the said document had been produced earlier and same was returned to the plaintiff. 5. None appears for the respondent. 6. The Trial Court could not have dismissed the application on the ground that the provision of law is erroneously mentioned. The prayer made in the application as well as the - 4 - HC-KAR NC: 2025:KHC-D:14206 WP No. 107602 of 2023 contents of the affidavit accompanying the application indicate that it was an application for production of a document, which is necessary for the proper adjudication of the suit. 7. Hence the following: ORDER a) The writ petition is allowed. b) The order dated 11.04.2023 passed in O.S.No.46/2022 by the Additional Civil Judge, Ron, is quashed. c) I.A.No.4 filed under Order XI Rule 14 of the Code of Civil Procedure, 1908, before the Trial Court is allowed. d) The plaintiff/petitioner is permitted to produce the agreement for sale dated 02.08.2012. e) It is made clear that this Court has not expressed anything on the validity or proof of the said documents. - 5 - HC-KAR NC: 2025:KHC-D:14206 WP No. 107602 of 2023 f) All contentions of the parties relating to the proof and validity of the said documents are kept open to be decided by the Trial Court Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP Ct:vh List No.: 1 Sl No.: 58