Lt. Col. S. J. Chaudhari v. Raj Kumar Brijendra Singh
2003-05-01
M.R.VERMA
body2003
DigiLaw.ai
JUDGMENT : M.R. Verma, J. This application under Order 7 Rule 14 read with Section 151 of the Code of Civil Procedure (hereafter referred to as 'the Code') has been preferred by the applicant/plaintiff (hereafter referred to as 'the plaintiff) for grant of leave to produce in evidence a few documents which were not filed with the plaint 2. Brief facts leading to the presentation of this application are that the plaintiff has instituted the suits for specific performance, possession and injunction. The suit is being contested by the respondent/defendant (hereafter referred to as 'the defendant') and at present is at pre-issue stage. Since some of the documents which ought to have been filed with the plaint, were not so filed, hence this application by the plaintiff. 3. It is averred in the application that there had been multiple litigation between the parties regarding the property in suit and the plaintiff was under the bona fide belief that the documents, now sought to be produced, had been produced by his counsel. However, at the time of admission/denial of the documents the plaintiff found that such documents were not on the file and on discussion with his counsel he was told that such documents ought to have been filed with the plaint. It is also claimed that the documents, now sought to he produced, are copies of documents forming part of records of the court in earlier suit and that of P & T Department and are incapable of being fabricated. It is, thus, prayed that non-production of such documents at the time of filing of the plaint being a bona fide mistake, plaintiff maybe granted leave to file such documents now. 4. The application has been resisted by the defendant by filing a reply averring therein that grant of leave to file/produce the documents at this stage will prejudice the defendant. The averments in the application that non-production was for the reasons stated therein have been denied and it is claimed that there had been lack of diligence on the part of the plaintiff and he cannot be now permitted to correct the lapses. 5. I have heard the learned counsel for the parties and perused the relevant record. 6. Rule 14 Order 7 of the code provides for production of document on which plaintiff sues or relies and reads as follows : "14.
5. I have heard the learned counsel for the parties and perused the relevant record. 6. Rule 14 Order 7 of the code provides for production of document on which plaintiff sues or relies and reads as follows : "14. Production of document on which plaintiff sues or relies.- (1) Where a plaintiff sues upon a document or relies upon document in his possession or power in support of his claim, he shall enter such documents in a list, and shall produce it in court when the plaint is presented by him and shall, at the same time deliver the document and a copy thereof, to be filed with the plaint. (2) Where any such document is not in possession or power of the plaintiff, he shall, wherever possible, state in whose possession or power it is. (3) A document which ought to be produced in Court by the plaintiff when the plaint is presented, or to be entered in the list to be added to annexed to the plaint but is not produced or entered accordingly, shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of the suit. (4) Nothing in this rule shall apply to document produced for the cross-examination of the plaintiff's witnesses, or, handed over to a witness merely to refresh his memory." 7. It is clear from a bare reading of the aforesaid provisions that where plaintiff sues upon a document of relies upon a document in his possession or power to "support his claim, he shall produce it in the Court when the plaint is presented. However, in the event of the plaintiff having failed to produce such document(s) along with the plaint, he can so produce the document with the leave of the Court at the hearing of the suit. Thus, it is within the discretion of the Court to permit take plaintiff to file such documents which ought to have been filed along with the plaint, at a later stage though such a discretion has to be exercised judiciously but liberally in a genuine case for the reason that the rules or procedure must be so interpreted as to enable doing so substantial justice to the parties rather denying it. 8.
8. In view of the aforesaid reasons stated in the application for non-production of the documents, duly supported by an affidavit, the lapse in not filing the documents with the plaint, is not intentional, deliberate or mala fide. The documents sought to be produced cannot be said to be irrelevant to the dispute in the suit nor they are capable of being fabricated as these are the receipts/A.Ds. issued/delivered by the post and Telegraph Department and one of such documents is certified copy of an order passed by a Court and two of the documents are copies of correspondence between the parties. The suit is at pre-issue stage, therefore. no prejudice is likely to be caused to the defendant if the documents, sought to be produced, are permitted to be produced inasmuch, as the defendant will have an opportunity to rebut this evidence at the appropriate stage. 9. As a result, this application is allowed and leave is granted to the plaintiff to produce the documents as prayed for.