M. B. VISHWANATH, J. ( 1 ) HEARD both counsel. The defendant is the appellant in this case. The plaintiff filed the suit original suit No. 1275 of 1970 on the file of the ii additional first munsiff, Bangalore, for recovery of Rs. 5,000/- with interest, against the defendant. ( 2 ) THE learned munsiff, by his judgment dated 14-7-1975 decreed the suit. The defendant preferred the appeal regular appeal No. 4 of 1986 on the file of the principal city civil judge, metropolitan area, Bangalore. The learned civil judge dismissed the appeal. The appellant-defendant has filed the present appeal. ( 3 ) BOTH the courts below believed the evidence of the plaintiff-p. w. 1 and the chit, ex. P-9, in the suit. The chit ex. P-9, on which both the courts relied, was not admittedly filed by the plaintiff along with the plaint. ( 4 ) IT is contended in this court by the learned counsel for the appellant-defendant that ex. P-9 chit is suit document and it should have been produced along with the plaint in view of order 7, Rule 14 of the Civil Procedure Code. Order 7, Rule 14 (1) of the Civil Procedure Code says:"14 (1 ). Where a plaintiff sues upon a document in his possession or power, he shall produce it in court when the plaint is presented, and shall at the same time deliver the document or a copy thereof to be filed with the plaint". it should be noted that order 7, Rule 14 (1) refers to a document on which the plaintiff "sues". It does not refer to a document on which the plaintiff relies. Order 7, Rule 14 (1) refers to a suit document, a document on which the suit is based and not to a relevant document on which the plaintiff relies to prove his claim. It is abundantly clear from the plaint averments that the plaintiff did not base his suit claim on ex. P-9. The plaintiff did not sue upon ex. P-9. But he relied upon ex. P-9 to prove his claim. ( 5 ) FOR the aforesaid reasons, I am of opinion, the courts below were not wrong in relying on ex. P-9 chit, even though ex. P-9 had not been produced along with the suit. ( 6 ) THE appeal is dismissed. Each party shall bear his own costs in this appeal.
P-9 to prove his claim. ( 5 ) FOR the aforesaid reasons, I am of opinion, the courts below were not wrong in relying on ex. P-9 chit, even though ex. P-9 had not been produced along with the suit. ( 6 ) THE appeal is dismissed. Each party shall bear his own costs in this appeal. --- *** --- .