SHAM NARAIN Vs. SUMITRA DEVI

JUDGEMENT

(1.) This is an application by the plaintiff under Order 13 Rule 2 read with Section 151 Code of Civil Procedure, 1908 containing the prayer for producing and proving certain documents, as have been enumerated in the said application.

(2.) The ground taken by the plaintiff/applicant, is that these documents have been traced out only recently i.e. shortly before the application was filed.

(3.) The basic objection of the defendant/applicant, is that there is inordinate delay of about 17 years, and that the documents which are basically emerging from the custody of the plaintiff/applicant himself and that too, 17 long years after the filing of the suit, have to be rejected on that short account alone. instituted in the year 1981, and also that the father of the plaintiff/applicant passed away during the pendency of the case.