(1.) An order passed by the Second Joint Civil Judge (Senior Division), Nagpur on 4-1-1985 below Exhibit 33, rejecting the plaintiffs application for leave to produce documents on record has been challenged in this revision.
(2.) The plaintiff-Bank, who is the petitioner in this case, instituted a suit for recovery of Rs. 5,00,000/- and odd against the defendants. Along with the plaint, the plaintiff filed extracts of the accounts (but without any certificate appended thereto as required by the Bankers Book Evidence Act) and Xerox copy of a letter addressed by the plaintiff to the defendants filed a written statement. The parties went to trial. P.W. 1 was examined by the plaintiff and while he was under the cross-examination, some questions were asked to him. Therefore, during the course of cross-examination, the plaintiff filed Exhibit-33 before the trial Court seeking leave of the Court to produce five documents including the two filed along with the plaint. The other three consisted of a pay-in-slip dated 29-8-1980 in respect of Rs. 6,770/-, clearing slip cheques received by the plaintiff from the main office dated 29-10-1979 and clearing slip cheques received by the plaintiff from the main office dated 31-10-1979. It was the contention of the plaintiff that in view of some of the questions put to the witness in cross-examination, it was necessary to file these documents.
(3.) This application came to be opposed by the defendants. The main objection was that these documents were neither produced along with the plaint, nor were relied upon as required by Order 7, Rule 14(2) of the Code of Civil Procedure. It was contended that these documents could not be allowed, at such a belated stage. The trial Court was much impressed with this objection and ultimately he rejected this application. It is this order of rejection which gives rise to this revision.