CHAMBAL FERTILISERS AND CHEMICALS LTD. Vs. SHIVANI SOOD

JUDGEMENT

(1.) CM No. 19359/2011 (exemption) in CM (M) No. 1223/2011

(2.) EXEMPTION allowed subject to just exceptions.

(3.) RECORD shows that the present suit has been filed by the plaintiff for possession and recovery of damages/mesne profits. It is also not disputed that the said property has since been vacated. Issues had been framed on 01.032011 and it was thereafter that present application had been filed. The plaintiff by way of the present application sought permission to file two registered lease deeds of the same premises showing the rent prevailing in the said vicinity. The document sought to be produced by the plaintiff would more effectively lead to the adjudication of the case as the issue before the court is about the amount to which the plaintiff is entitled to i.e. damages/mesne profits of the suit property. There is no doubt that the documents required to be filed by the plaintiff alongwith the plaint, if for some justifiable reason it is shown that the plaintiff could not file the said documents alongwith the plaint, the court may in its discretion permit the plaintiff to do so even at a later stage. This power is well vested within the court and the exercise of this power by the trial court permitting these documents to be taken on record which would throw light on the controversy in dispute does not in manner suffer from any infirmity.