MAJ GEN A K LUTHRA Vs. MALKIT MAMRATH

JUDGEMENT

(1.) The plaintiff has filed a suit for possession and for recovery of Rs. 1,50,000.00,as 1.damages/compensation for use and occupation. After pleadings were complete, the court framed issues and recorded the evidence in this case and thereafter the suit was placed for final arguments before the court. During the course of the final arguments the plaintiff has moved an application under Order 7 Rule 18 and Order 13 Rule 2 read with Section 151 of the Code of Civil Procedure.

(2.) In this application, the plaintiff has prayed that leave be granted to him to produce and/or file certified copy of the letter dated 27th June, 1989 written by Assistant Commissioner of Income Tax, Investigation Circle-ll(l), New Delhi, to the plaintiff, and a copy thereof marked to the defendant herein. By the said letter. Income tax authorities have revoked the notice under Section 226(3) of the Income Tax Act, 1961 by lifting the attachment ofRs.6 lakhs which was lying deposited in the plaintiff bank at Chandigarh.

(3.) It is prayed that certified copy of this order be taken on record as evidence in accordance with the provisions of Section 77 of the Indian Evidence Act, 1872. lt has been further averred in the application that letter dated 27th June, 1989 was not in power and possession of the plaintiff when the suit was instituted because the said letter (dated 27th June, 1989) was received by the plaintiff after the filing of the suit and recording of the evidence. Therefore, the said letter could not be produced by the plaintiff at the time of the institution of the suit or during the trial.