UMAKANT B KENKRE Vs. COMMUNIDADE OF PRIOL

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) RULE. By consent heard forthwith.

(3.) MR. Kantak, learned Counsel for the petitioners submitted that the trial Court erred in law in passing the impugned orders. According to learned Counsel, the certificate dated 16th February, 2011 is a public document and as such, the plaintiffs are entitled to produce the said document and no prejudice would be caused to the defendants if the plaintiffs are allowed to produce the said document. MR. Kantak further submitted that in terms of Order VII, Rule 14 of C.P.C., the plaintiffs are entitled to produce the document not already relied upon, upon cause being shown for late production. According to MR. Kantak, since certificate was not available at the time of filing of the suit, the trial Court ought to have permitted production of the said document. According to MR. Kantak, the trial Court has exercised jurisdiction illegally in rejecting the application dated 9th March, 2011.