DHARAM SINGH Vs. HANIF AND ORS.

JUDGEMENT

(1.) Present petition is preferred assailing the judgment and order dated 13.10.2014, passed by the Additional District Judge, Vikas Nagar, District Dehradun in Civil Revision No. 151 of 2013, whereby the revision filed by the respondents/plaintiffs was allowed and order passed by the learned Trial Court dated 17.08.2013 was set aside. Brief facts of the present case, inter alia, are that defendant/petitioner, herein, has moved an application before the learned Trial Court seeking permission to place on record additional documentary evidence, which were the extract of the revenue record. Such application was moved before the commencement of the cross -examination from PW -1. Learned Trial Court was pleased to allow such application granting permission to the defendant to file additional documentary evidence, however, the Revisional Court has upset the order passed by the Trial Court. Feeling aggrieved, petitioner has approached this Court by way of present writ petition under Article 227 of the Constitution of India.

(2.) Order VII Rule 14, Order VIII Rule 1A and Order XIII Rule 1 of C.P.C. read as under:

(3.) Combined reading of Order 7 Rule 14, Order 8 Rule 1A and Order 13 Rule 1 of C.P.C. would demonstrate that plaintiff has to file every documentary evidence alongwith plaint. Likewise, defendant has to file documentary evidence alongwith written statement and original thereof has to be filed by both the parties on or before the settlement of the issues. In other words, parties may file their respective documentary evidence either in original or copies thereof along with the pleadings, however, if original is not filed along with the pleadings and only copy is filed, original thereof has to be filed latest by the date of framing of issues.