Bombay High Court

SUSHILABAI AMBADASRAO and OTHERS.versusAMBABAI BHAGWANRAO and OTHERS.

Disposal: DISMISSED

Holding

The court held that there is no express provision to compel a respondent to produce a death certificate and therefore dismissed the application.

Summary

The appellants filed a civil application in 2007 seeking a direction under the court's inherent powers, specifically Section 151 read with Order 22 Rule 10-A of the CPC, to compel respondents 3 and 4 to produce their death certificates. The respondents argued that a death certificate is a public document and there is no statutory provision authorising a court to force its production. The court examined whether the inherent powers under Section 151 could be invoked for such a purpose. It concluded that the CPC contains no express power to compel a party to produce a death certificate. Given the application had remained pending for more than 19 years, the court dismissed the application. The appeal was noted as abated against one respondent and the matter was adjourned for further arguments.

Issues considered

Can the court exercise its inherent powers under Section 151 read with Order 22 Rule 10-A of the CPC to compel a respondent to produce a death certificate?
Is there any statutory provision that obliges a respondent to produce a death certificate in civil proceedings?

Legislation cited

Code of Civil Procedure, 1908 — s. 151, Rule 10-A

Subjects

inherent powers
Section 151 CPC
Rule 10-A CPC
death certificate
public document
application dismissal
delay in proceedings

Judgment

                                                 19 SA NO. 537 OF 1992.odt


       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                  BENCH AT AURANGABAD
               19 SECOND APPEAL NO. 537 OF 1992

                 Sushilabai Ambadasrao And Others.
                               VERSUS
                  Ambabai Bhagwanrao And Others.
                                  ...
Mr. P. N. Kalani h/f Mr. S. N. Lavekar, Advocate for Appellants
Ms. G N Chincholkar, Advocate for Respondent Nos.1, 3 and 4
                                WITH
     CIVIL APPLICATION NO. 4171 OF 2007 IN SA/537/1992
                                  ….

                    CORAM : SANJAY A. DESHMUKH, J.
                       DATE : 17.08.2026
PER COURT :-
CIVIL APPLICATION NO. 4171 OF 2007

1.          This application has been pending since 2007, seeking a

direction as per the prayer clause ‘B’, which reads as under:

      “B)        Under inherent powers U/Sec. 151 r.w. order 22

      Rule 10-A of C.P.C. advocate for respondent Nos.3 and 4

      may kindly be directed to produce death certificate of

      respondent Nos.3 and 4 to bring L.Rs., on record.”

2.          The death certificate is a public document, and there is

no express provision to compel a respondent to produce the death

certificate. The applicants and the respondents are residents of

the same district. However, the application has remained pending

for more than 19 years. The application is, therefore, dismissed.

                                                                  1 of 2
                                  (( 2 ))       19 SA NO. 537 OF 1992


SECOND APPEAL NO. 537 OF 1992

1.         The appeal is abated against Respondent No.1.

2.         Learned Advocates for both sides are directed to argue the

appeal finally on the next date. Stand over to 25.08.2026, first on

board.



                                    [ SANJAY A. DESHMUKH, J. ]
HRJadhav




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