AJIT MOHAN PAL Vs. REBA PAL

JUDGEMENT

(1.) CHALLENGE is to the Order VII Rule 14(3) of the Code of Civil Procedure passed by the learned Additional District Judge, 14th Court, Alipore in O.S. No.7 of 2006. Question is whether the production of document is permissible at the stage of argument of the suit.

(2.) THE petitioners filed an application for probate under Section 276 of the Indian Succession Act in respect of a Will left by Late Prativa Pal. THE opposite party nos.1 to 3 raised an objection and as such, the said probate application was converted into O.S. No.7 of 2006 and it is pending before the learned Additional District Judge, 14th Court, Alipore. By the impugned order, the learned Trial Judge rejected the prayer for production of document under Order 7 Rule 14(3) of the C.P.C. Being aggrieved, the plaintiff has preferred this application. Now, the question is whether the impugned order should be sustained.

(3.) FURTHER, as to tendering of those documents at the belated stage, the plaintiffs / petitioners herein have stated that those documents were misplaced and as such, those documents could not be filed at the earlier stage. In this regard, I am of the view that the learned Trial Judge has rightly disbelieved in the contention of the petitioners. He has rightly observed that it is not a valid or genuine ground for production of documents at the belated stage and the Court should not encourage to drag the parties on such an invalid ground. The learned Trial Judge is, therefore, justified in passing the impugned order. There is no scope of interference with the impugned order.