Y N GUPTA Vs. JAGDISH CHANDER SHARMA

JUDGEMENT

(1.) Shiv Narayan Dhingra, J.- By this petition, the petitioner has assailed an order dated 30th Sept., 2009 passed by learned Additional District Judge whereby the learned Additional District Judge allowed an application under Order 8, Rule 1A Civil P.C. filed by the defendants seeking leave to place on record the additional documents on the ground that these documents were necessary to be produced for adjudication of the dispute.

(2.) The application was allowed by the learned trial court though made after 26 years of filing of the suit on the ground that the procedure was a hand maid of justice and just because of technicalities of procedure justice should not be made to suffer.

(3.) It is pleaded by counsel for the petitioner that the learned trial court had ignored all provisions of law in respect of stage of filing of documents; whether the documents were within the knowledge and control of the applicant and what prevented him from filing these documents at the initial stage and the trial court allowed the filing of documents in a very casual manner. It is submitted that the suit was filed in the year 1982. The plaintiffs evidence was already over and after 26-27 years of filing of the suit, this application was made for filing additional documents by the defendants and the trial court allowed this application without any justification.