CAJETAN DSOUZA ALIAS Vs. LAMARTINE DE ROCHE

JUDGEMENT

(1.) Heard. Rule. Rule made returnable forthwith. Heard finally by consent.

(2.) The question involved in this petition is as to whether the petitioner, the original defendant could have been allowed to produce a new document, the valuation report dated 30/9/2015 issued by Civil Engineer, Mr. Llyod Macedo at a stage when the evidence of the plaintiff/respondent as his first witness was over or not.

(3.) According to learned counsel for the petitioner/defendant, provision of Order 7 Rule 14(3) C.P.C although grants power to the Court to permit production of documents, the permission is not to be granted on the mere asking of the plaintiff and the Court must consider that there is sufficient cause demonstrated by the petitioner in not producing the document at the earlier stage. He relied upon following judgments: