COSMOSTEELS PRIVATE LIMITED Vs. SUPERMAX INTERNATIONAL PVT LTD

JUDGEMENT

(1.) The Petitioner- Original Defendant has challenged the impugned orders dated 30/08/2008 and 05/04/2007, whereby, the Courts below permitted the Respondents- Original Plaintiffs in a Suit for eviction and possession to place on record additional affidavit and documents. The Courts below after considering the material placed on record, though this Application was filed at the stage of evidence, permitted to file on record. The Application as filed, in the suit for eviction is essential for proper adjudication of the matter. These documents could not be produced at the earlier stage. Therefore, delay. But that itself cannot be the reason to discard such material. It is desirable that full opportunity required to be given to both the parties even if documents are placed at the belated stage or at the stage of Appeal on certain conditions. We cannot overlook that it is the Court to decide and adjudicate the issue/ dispute between the parties. If for proper adjudication, the Courts find and permit such material to produce on record, even at belated stage, and has given full opportunity to the other party and further to cross-examination and to oppose the contents of the same. I see there is no reason to interfere with the said orders.

(2.) The submission with regard to the deletion of Order XVIII Rule 17-A of the Code of Civil Procedure has been already considered in Babasaheb S/o Limbaji Mete & Anr. Vs. Sumanbai W/o Bajarang Saraf & Ors. 2008(4) 502 Mh.L.J. 502. In which it is observed as under:-

(3.) Once it is clear that the additional affidavit and documents have bearing on the matter at issue, those documents cannot be rejected on the ground of delay. (Haji Munir Ahmed Mansoori Vs. State of Maharashtra and Ors. And V.P.Nagar Samanvay Samiti, 2008 (2) Mh.L.J. 26 26.