JAGDISHBHAI PARSHOTTAMBHAI PATEL Vs. RUKSHMANIBEN JAVAHAR RAMCHANDRA GURUBAXANI

JUDGEMENT

(1.) The present petition is filed by the petitioners by challenging the impugned order passed dtd. 17/3/2023 passed below exhibit 258 in Regular Civil Suit No.82 of 2008 by the learned Addl. Civil Judge, Vadodara, whereby the application filed by present petitioners under the provisions of Order I Rule 1(A) of the Civil Procedure Code is rejected.

(2.) Heard learned advocate Mr. S.P. Majmudar with Mr. Jay Shah, learned advocate for the petitioners.

(3.) He has relied upon the provisions of Order VIII Rule 1(A) of the C.P.C. and has submitted that if the document, which is sought to be produced by the petitioners, was not there at the time of filing of written statement in pursuant to the provisions of order I rule 1(a) after obtaining leave of the Court, the petitioner can produce such document at the time of trial. He has drawn the attention of this Court towards the averments made in the application at Exhibit 258 and more particularly, averments made at para 4 of the application, and has submitted that this document is very relevant to decide the controversy between the parties. He has submitted that there is no bar to produce any document even at the belated stage and though, now the trial is posted for arguments of the parties.