HUKUM CHAND GHANSHYAM DASS Vs. POONAM BALA

JUDGEMENT

(1.) BY this petition, the petitioner has challenged the order dated 20. 12. 2007 passed by the trial Court whereby an application under Order 7 Rule 1a (3) CPC made by the petitioner for filing documents was dismissed. The Court found that that application was made under wrong provision and the correct provision was under Order 8 Rule 1a (3) CPC and treated the application as one under Order 8 Rule 1a (3 ). The material paragraphs of the application filed by the petitioner are as under:

(2.) THAT at the time of filing of the written statement, some documents were not produced before this Hon"ble Court by the defendants due to non-availability of that documents.

(3.) THAT these documents are very necessary for adjudication of the application and final disposal of the case. PRAYER: it is, therefore, most respectfully prayed that this Hon"ble Court may kindly be pleased to allow the applicant/defendants to file the documents, which is necessary for adjudication of this case, in the interest of justice.