Sanjay Khanna vs. Sumeet Gandotra

Held

The High Court held that the Trial Court's order directing the production of documents under Order XI Rules 12 and 14 of the CPC was within its jurisdiction. The Court reasoned that these rules govern the discovery and production of documents in civil cases and empower the court to order production of documents relevant to any matter in question in the suit. The petitioner's argument that the Trial Court exceeded its jurisdiction was rejected because the order was made in accordance with the procedural provisions of the CPC. The Court noted that the petitioner's rights were not affected by this order, especially since protection under the J&K Houses and Shops Rent Control Act was not available due to its repeal. As the proceedings were still pending before the Trial Court and the revision petition was not maintainable under Section 115 CPC for an interim order that does not finally dispose of the suit, the petition was dismissed.

Facts

The petitioner, Sanjay Khanna, a tenant facing ejectment proceedings, filed a revision petition challenging an order by the City Judge, Jammu. The landlord (respondent) had sought discovery of the tenant's account books, Income Tax Returns, and GST Returns pertaining to M/s Sanjay Textiles. The landlord contended that the tenant's annual income exceeded Rs. 60,000, disqualifying him from protection under the repealed J&K Houses and Shops Rent Control Act. The Trial Court allowed the landlord's application. The petitioner argued that the Act under which the direction was issued was repealed, rendering the issue moot and the order illegal. Both parties agreed that the J&K Houses and Shops Rent Control Act was not applicable.

Key Issues

1. Whether the Trial Court, by directing the production of documents (account books, IT returns, GST returns) under Order XI Rules 12/14 of the Code of Civil Procedure (CPC), exercised a jurisdiction not vested in it by law or acted illegally or with material irregularity, given that the J&K Houses and Shops Rent Control Act, which was the basis for determining the tenant's income threshold for protection, has been repealed? Petitioner's arguments: The petitioner contended that since the J&K Houses and Shops Rent Control Act has been repealed, the Trial Court could not frame an issue or issue directions based on it. He argued that the order was passed under a repealed Act and was therefore illegal. Respondent's arguments: The respondent (landlord) argued that the Trial Court had the power under Order XI Rules 12/14 CPC to direct discovery of documents relevant to the suit, irrespective of the repealed Rent Control Act. The judgment notes that both parties agreed the Rent Control Act was not applicable.