MARIYAMBIBI IBRAHIMBHAI Vs. MOHAMMAD SALIM YAKUB SALEJI

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India, is at the instance of original defendants, directed against the order dtd. 4/3/2023 passed below Exh.190 in Special Civil Suit No. 99 of 2011, by which 17th Additional Senior Civil Judge, Surat refused to grant leave for production of 25 documents at the stage of defendant's evidence.

(2.) This Court has heard learned counsel Mr. M.M.Saiyed and learned counsel Mr.Manoj Popat for the respective parties.

(3.) The respondents have filed a suit for partition, injunction and declaration against the defendants for the properties referred in the suit. The plaintiffs have claimed 5/24th share in their ancestral property belonging to one Mr. Ibrahim Saleji. The petitioners defendants sought permission to file 25 additional documents at stage of their evidence, after closure of evidence of plaintiffs. After hearing the parties and upon consideration of the statutory provision, namely, Order VIII Rule 1A sub-clause (3), the trial Court disallowed the application mainly on grounds that the documents are produced at belated stage and at the time of filing written statement, the defendants failed to produce it and their explanations for production at a belated stage are not satisfactory.