Availability of certified copies does not preclude summoning original judicial records under Order XIII Rule 10 CPC.

The petitioners (plaintiffs in the original suit) are a registered society that instituted a civil suit (Regular Civil Suit No. 803-A of 2018) seeking eviction and recovery of rent arrears regarding a shop in Gwalior.

During the pendency of the suit, the plaintiffs filed an application under Order XIII Rule 10 read with Section 151 of the Code of Civil Procedure (CPC) to summon judicial records from two other cases: a judgment and decree from RCS A/821/2018 and the proceedings of RCS A/237/2018.

The plaintiffs asserted that these documents were necessary for effective adjudication as their own copies had been destroyed by natural circumstances.

The trial court (XXV Civil Judge, Junior Division, Gwalior) rejected the application on January 15, 2026, leading to the present petition under Article 227 of the Constitution of India.

Whether the trial court committed a manifest error or failed to exercise its jurisdiction by rejecting the application to summon original judicial records under Order XIII Rule 10 CPC.

The court primarily applied Order XIII Rule 10 of the CPC, which empowers a court, on its own motion or on the application of any of the parties, to send for the record of any other suit or proceeding from its own files or from any other court if such record is necessary for the just decision of the case.

It further relied on Section 151 of the CPC regarding inherent powers to meet the ends of justice and Article 227 of the Constitution of India regarding the High Court's power of superintendence over subordinate courts.

The High Court observed that the documents sought to be summoned were judicial records maintained by competent courts and were relevant to the controversy in the current litigation.

The Court reasoned that the existence of certified copies does not preclude a party from requesting the production of original records, especially when such records are required for proper proof and legal adjudication.

The Court found that the trial court misdirected itself regarding the scope and objective of Order XIII Rule 10 CPC, which is specifically intended to facilitate the calling of records necessary for the ends of justice.

By rejecting the application despite the clear relevance of the records, the trial court failed to exercise the jurisdiction vested in it, resulting in an order that was illegal and arbitrary.

The trial court was directed to summon the specified judgment, decree, and proceedings from the respective Courts of the X and IX Civil Judges, Junior Division, Gwalior, for proper adjudication of the suit. No order as to costs was made.