O.XI R.14 CPC | Co-operative Arbitration Court Can Order Any Party To Produce Documents In Its Possession: Kerala High Court

In a recent judgment, the Kerala High Court has observed that the Co-Operative Arbitration Court conducting a trial in an election petition has the power to invoke provision under Order XI Rule 14 of the Code of Civil Procedure to order any party to produce documents in his possession as it deems necessary.Referring to Section 70(3) of the Kerala Co-operative Societies Act, 1969, Justice K. Babu clarified that the Arbitration Court is bound to follow the procedure for trials provided under the CPC and must adjudicate dispute based on the pleadings before it. For doing that, it must allow parties in the dispute to lead relevant evidence.The Court was considering a writ petition preferred by a co-operative bank, which challenged an order passed by the Arbitration Court directing it to produce certain documents. The election petition before the Arbitration Court was preferred by respondents 1 to 4, who had lost the election to the Managing Committee of the bank. They had contended that around 2000 persons who are from outside the jurisdictional limit of the bank were included in the final voters' list.The petitioner contended that the documents directed to be produced were voluminous and not required for adjudication of the election petition. The Arbitration Court had considered and allowed the application filed by respondents 1 to 4 seeking production of documents, including original Membership register, identity card register, decisions taken regarding conduct of elections and all election records from the date of notification till declaration.The Election Commission, on the other hand, urged that since there is a specific challenge in the election petition that persons outside the jurisdictional limit of the bank were allegedly included in the final voters list, the documents sought be produced are necessary for adjudication.Considering the submissions, the Court observed:“The Arbitration Court trying the election petition has to adjudicate the dispute based on the pleadings and for the adjudication of the dispute based on the pleadings, the Court is required to allow the parties in the dispute to lead relevant evidence. In the trial of an election petition, the Tribunal or the Court concerned is bound to follow, as nearly as may be, the procedure as applicable to the trial of suits under the Code of Civil Procedure, 1908.”The Court held that since the Arbitration Court has the powers of the civil court under CPC, it can invoke Order XI Rule 14 to order production of any documents in the possession of a party.It found that the documents sought to be produced were relevant for adjudicating the dispute and therefore, it refused to set aside the impugned order. It was also noted that the contesting respondents did not challenge the order but the bank that had approached the High Court and therefore, the writ petition lacked merits.The Court, thus, dismissed the writ petition but also made it clear that it has not gone into the merits of the contention raised in the election petition. It then granted two weeks' time to the petitioner to produce the documents.Case No: WP(C) No. 36767 of 2025Case Title: Thalapalam Service Co-operative Bank Ltd. v. Sebastian P. GeorgeCitation: 2025 LiveLaw (Ker) 666Counsel for the petitioner: P.V. Baby, Vineeth P. BabyCounsel for the respondents: C.M. Nazar – SC - ECClick to Read/Download Judgment

O.XI R.14 CPC | Co-operative Arbitration Court Can Order Any Party To Produce Documents In Its Possession: Kerala High Court

K. Salma Jennath

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