SARDAR NIHAL SINGH Vs. SHYAM SUNDER AGGARWAL

JUDGEMENT

(1.) THE petitioner has assailed an order dated 2nd August, 2008 passed by learned Civil Judge allowing an application of the respondent under order 7 Rule 14 (3) for taking on record two documents. One is certified copy of khasra girdawari of land in question and other document is statement of account regarding rent paid by defendant no. 1 to the plaintiff by cheque.

(2.) THE suit is at initial stage. The very first order of the appellate Court shows that replication has been filed to the WS of defendant no. 1. I consider that a party to the suit has a right to file documents before framing of issues, with the permission of the Court.

(3.) COUNSEL for the petitioner, however, argued that documents have been filed after 20 years. This argument is fallacious. This suit was dismissed in default on 23rd July, 1986 at the stage of pleadings. It was restored on an application under Order 9 Rule 9 CPC on 20th July, 2006. Though, it is amazing that decision on an application under Order 9 Rule 9 CPC took 20 long years, however, the fact remains that after restoration of the suit the stage of suit will be the same at which it was dismissed and either of the party cannot be denied opportunity to file documents. I find no force in the petition. The petition is hereby dismissed.