BIRENDRA CHANDRA BISWAS Vs. RATAN CHANDRA DHAR

JUDGEMENT

(1.) This petition is directed against the order dated 08-02- 2013 passed in case No. Money Suit 06 of 2011 whereby the learned Civil Judge (Sr. Division), South Tripura, Udaipur rejected the application filed by the plaintiff under Section 62 Explanation 2 of the Evidence Act to exhibit 112 number of carbon copies with permission to exhibit these documents.

(2.) The learned Court below has rejected the application but the grounds given by him, in my opinion, are not at all tenable. At the outset, it may be mentioned that the application as filed has wrongly been filed under section 62 of the Evidence Act. No application is required to be filed to lead primary evidence. The basic problem in this case was that after the evidence of both the parties was closed, this application was filed. As such, the application should have been filed for permission to lead evidence either under Order XVIII or filing an exemption under Order XIII of the Code of Civil Procedure (CPC).

(3.) The procedure by which a civil suit has to be decided is laid down in the CPC. The Evidence Act does not lay down the procedure. It only deals with which evidence is relevant, how the relevant evidence is admissible and how the same has to be marked in evidence. The applications are procedural in nature and no application under section 62 of the Evidence Act was actually maintainable.