RAJESH SOOD Vs. INDIA GARMENTS

JUDGEMENT

(1.) Counsel for the appellant by this application wants to produce the plan which was annexure to the plaint filed by him in S. No.87/ 94. Copy of the plaint was filed by the present Respondent but without the plan. The appellant now wants to place on record the said plan. He also wants to produce judgment and documents in S.No.87/94 as well as the order of dismissal of respondent's application dt. 25.2.95.

(2.) Mr. J.K. Seth contends that these documents cannot be allowed to be taken on record now. These documents were in the knowledge and possession of the appellant having failed to place on record before the Trial Court he cannot be permitted to bring those on record now. In fact, provision of Rule 27 of Order 41 Civil Procedure Code are not complied with in this case. Moreover, the plan was exhibited separately. It was not a part of the plaint. Therefore, at his stage appellant cannot be permitted to place these documents on record.

(3.) We have heard the counsel for the parties and perused the record. Admittedly, the plan was a part of the plaint in S.No. 87/94. The Respondent herein filed copy of the plan but without annexure i.e. the plan. Since the plan was part of the plaint and that having not been filed by this Respondent, the appellant can place the same on record even now, otherwise the document filed by this Respondent was incomplete. The same can therefore be allowed to be placed on record. Orderd accordingly. So far as the certified copy of the order of dismissal of this Respondent's application in suit No. 87/ 94 and certified copy of judgment and decree in S.No.87/94 are concerned, those were inter se the parties and being certified copies of order and judgment of the court, those can be allowed to be placed on record even at this stage. Orderd accordingly. This will of course be subject to payment of Rs. 5,000.00 as cost. Cost has been paid by counsel for the appellant to counsel for the Respondent today in court.