SUREKHA DEVI Vs. DINESH SINGH

JUDGEMENT

(1.) The defendants 1 to 3 in O.S.No.2731/2002 on the file of XIII Addl. City Civil and Sessions Judge have preferred this writ petition assailing the order of the trial court on I.A. 26 filed under Order XIII, Rule 1 read with section 151, CPC.

(2.) At a stage when the cross-examination of DW-1 was in progress, the said application was filed on behalf of the plaintiff for production of 13 documents as mentioned in Annexure 'E'. The plaintiff requested the court to keep this application pending. It was taken into consideration after closure of recording of all the witnesses of the defendants was over. The trial court allowed this application and permitted the plaintiff to produce the documents.

(3.) The learned counsel for the defendants argues that the trial court has committed an error in allowing this application in as much as after amendment was brought to the Civil Procedure Code, Rule 2 of Order XIII was omitted and therefore neither of the parties to the suit could produce the documents at a belated stage. He further argues that according to Order XIII, Rule 1(3), only those documents that can be confronted to the witnesses during cross-examination can be produced and not for any other purpose. Since the plaintiff wanted to re-open his case for getting these documents marked, the said application should have been dismissed having regard to the scope of Order XIII, Rule 1 CPC. He submits that these documents are in no way required for plaintiff's case.