JUDGMENT Alok Singh, J. 1. Defendant of original suit No. 59 of 2001, Shri Harish Chandra Pandey and others v. Sri B.D. Pandey and others, pending in the Court of Civil Judge (S.D.) has approached this Court by invoking jurisdiction of this Court under Articles 226/227 of the Constitution of India assailing the order dated 28.03.2008 passed by the learned Trial Judge whereby application moved by the defendant/petitioner herein paper No. 78-C requesting the trial court to return back the documents sought to be filed by plaintiff alongwith affidavit of PW3. was rejected. Brief facts of the present case, inter alia, are that plaintiff filed OS. No. 59 of 2001 in the Court of Civil Judge (S.D.), Nainital seeking permanent prohibitory injunction against the defendant not to interfere by any means directly or indirectly in the possession of the plaintiffs over the property in question and further directing the defendant to hand over peaceful vacant possession of the piece of property to the plaintiff after removing illegal possession of the defendant within such time as stipulated by the Trial Court. 2. After framing of the issues, plaintiff had field affidavit of PW1 and PW2 who were cross examined and thereafter filed affidavit of PW3, namely. Shri J.C. Tripathi, annexing therewith 35 documents. Defendant/petitioners herein moved an application, paper No. 78-C stating therein since none of the documents sought to be filed alongwith affidavit of PW3 were ever mentioned in the list nor copies thereof were filed under Order 7 Rule 14 C.P.C. and since none of the documents were ever produced on or before the framing issues under Order 13 Rule 1 of the C.P.C. therefore, plaintiff should not be permitted to place on record such additional documentary evidence. Therefore, document sought to be filed alongwith affidavit of PW3 should be returned to the plaintiff. 3. Learned Trial Court, having heard learned counsel for the parties, was pleased to dismiss the application so moved by the defendant, paper No. 78-C, vide impugned order herein. While rejecting the application, learned Trial Court has observed that as per proviso of Rule 4 Order 18 of the C.P.C, documents can be filed alongwith affidavit of the witnesses, however, admissibility and reliability of the documents can be looked into at the subsequent stage. 4. Feeling aggrieved, defendant/petitioner has approached this Court by way of this petition. 5. I have heard Mr. 4. Feeling aggrieved, defendant/petitioner has approached this Court by way of this petition. 5. I have heard Mr. Sharad Sharma, learned Senior Counsel, assisted by Ms. Vandana Singh, Advocate appearing for the defendant/petitioner and Mr. B.C. Pandey, learned Senior Advocate assisted by Mr. B.D. Pandey, Advocate, appearing for the plaintiff/respondents and have carefully perused the record. 6. Prior to the amendment of 1999 in the C.P.C. which were enforced from 2002, plaintiff and defendant were required to file documentary evidence on or before the framing of the issues and additional evidence could have been filed with the permission of the Court under Order 18 Rule 17A of the C.P.C. After the amendment of 1999 in the C.P.C, Rule 17A of Order 18 has been repelled and Order 7 Rule 14, Order 8 Rule 1-A and Order 13 Rule 1 read as under "Order 7 Rule 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 present 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 the 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 or 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 the witness merely to refresh his memory.] [Order 8 Rule 1-A. Duty of defendant to produce documents upon which relief is claimed or relied upon by him. (4) Nothing in this rule shall apply to document produced for the cross-examination of the plaintiff's witnesses, or, handed over to the witness merely to refresh his memory.] [Order 8 Rule 1-A. Duty of defendant to produce documents upon which relief is claimed or relied upon by him. - (1) Where the defendant bases his defence upon a document or relies upon any document in his possession or power, in support of his defence or claim for set-off or counter-claim, he shall enter such document in a list, and shall produced it in Court when the written statement is presented by him and shall, at the same time, deliver the document and a copy thereof, to be filed with the written statement. (2) Where any such document is not in the possession or power of the defendant, he shall, wherever possible, state in whose possession or power it is. [(3) a document which ought to be produced in court by the defendant under this rule, but, is not so produced 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 documents- (a) produced for the cross-examination of the plaintiff's witnesses, or (b) handed over to a witness merely to refresh his memory.] [Order 13 Rule 1 - Original documents to be produced at or before the settlement of issues. - (1) The parties or their pleader shall produce on or before the settlement of issues, all the documentary evidence in original where the copies thereof have been filed along with plaint or written statement. (2) the court shall receive the documents so produced: Provided that they are accompanied by an accurate list thereof prepared in such form as the High court directs. (3) Nothing in sub-rule (1) shall apply to documents - (a) provided for the cross-examination of the witnesses of the other party; or (b) handed over to a witness merely to refresh his memory.]" 7. Bare perusal of Rule 14 Order 7 and Rule 1-A of Order 8 would go to demonstrate that after 1999 amendment w.e.f. 2002, parties to the suit shall file list of the documentary evidence alongwith their respective pleadings alongwith the copies of such documentary evidence. 8. Bare perusal of Rule 14 Order 7 and Rule 1-A of Order 8 would go to demonstrate that after 1999 amendment w.e.f. 2002, parties to the suit shall file list of the documentary evidence alongwith their respective pleadings alongwith the copies of such documentary evidence. 8. However, the reading of Order 13 Rule 1 would go to demonstrate that original documents, which were mentioned in the list and copies thereof were filed with the pleadings at the initial stage as per Rule 14 Order 7 and Rule 1-A of Order 8, shall be filed before the Trial Court on or before the framing of the issues. As per sub-rule 3 of Rule 14 of order 7 of the C.P.C. as well as sub-rule 3 of Rule 1-A of Order 8 of the C.P.C. party may file additional documentary evidence, which was not earlier filed and mentioned in the list filed alongwith the pleadings, with the leave of the Court at the subsequent stage of the suit. 9. Party seeking leave of the court to place on record additional documentary evidence either under sub-rule 3 of Rule 14 of Order 7 or under sub-rule 3 of Rule 1-Aof Order 8 C.P.C, as the case may be, must show to the Court as to why additional evidence sought to be filed was not placed on the record at the appropriate stage and as to why additional evidence is necessary for the fair adjudication of the case. The Court may grant leave, after having satisfied, to place on record additional evidence. 10. Sub-rule 3(a) of Rule 1 of Order 13 provides that document which sought to be filed for the purpose of cross examination or for refreshing the memory of the witnesses, need not be filed on or before the framing of the issues. If proviso of Rule 4 of Order 18 is read alongwith provision of Rule 1 of order 13, it can very well be said that only such documents can be filed alongwith the affidavit of the witnesses which are for the refreshing the memory of the witness or for the purpose of the cross examination. 11. If proviso of Rule 4 of Order 18 is read alongwith provision of Rule 1 of order 13, it can very well be said that only such documents can be filed alongwith the affidavit of the witnesses which are for the refreshing the memory of the witness or for the purpose of the cross examination. 11. However, all other documentary evidence must be mentioned in the list and copies thereof must be filed alongwith the pleadings as contemplated under Rule 14of Order 7 and Rule 1-A of Order 8 C.P.C. and original thereof shall be placed on record on or before framing of issues as required by Order 13 Rule 1 C.P.C. As observed herein before, additional evidence may be filed only with the leave of the Court. 12. Mr. B.C. Pandey, learned Senior Counsel appearing for the plaintiffs/respondents fairly submits that all the documents sought to be filed alongwith affidavit of PW3 are not for the purpose of refreshing the memory of the witnesses or for the purpose of cross examination. However, he submits that since affidavit has already been accepted by the Trial Court after rejecting the application of the plaintiff paper No. 78-C, therefore, leave of the Court to place on record such additional evidence should be understood by way of implication. 13. In my humble opinion, there is no question of any implied leave to file additional documentary evidence. Parties to the suit must apply under sub-rule 3 of Rule14 of Order 7 or Rule 1-A of Order 8 of the C.P.C. as the case may be. 14. In view of the above, impugned order does not sustain in the eyes of law. Therefore, order impugned is liable to be set aside. 15. Consequently, writ petition is allowed. Order impugned in the present petition is hereby set aside. 16. However, it is clarified that plaintiffs/respondents herein may move appropriate application under sub-rule (3) of Rule 14 of Order 7 C.P.C. seeking leave of the Trial court to place on record additional documentary evidence which are sought to be filed alongwith affidavit of PW3 and learned Trial Court after giving opportunity to the defendant/petitioner to file reply to that application shall pass appropriate orders thereon in accordance with law. Cost easy.