BHOLA PRASAD Vs. UMA PRASAD

JUDGEMENT

(1.) HEARD on admission.

(2.) ORDER dated 21.4.2014 passed in Civil Suit No. 48 A/2013 by Third Civil Judge Class I, Sidhi, is being assailed vide this petition under Article 226 of the Constitution of India. Vide impugned order an application under Order 8 Rule 1A(3) read with Order 13 Rule 4, Code of Civil Procedure, 1908 filed by the defendants has been partly allowed.

(3.) SUB -rule (3) of Rule 1A of order 8 stipulates that "a document which ought to be produced in Court by the defendant under this rule, but, is not so produced shall not, without the leave of the Court, be received in evidence on his behalf a the hearing of the suit". Apparently there is no bar to admit the documents even when the hearing has commenced if in the discretion of the Trial Court the same are relevant and germane to issue raised.