MAHARAM ALI Vs. INDRA DEVI JAMATIA

JUDGEMENT

(1.) HEARD Mr. Somik Deb, learned counsel for the petitioners. None appears for the respondents despite service of notice.

(2.) BY this petition the defendant-petitioners have challenged the order dated 23.08.2010 passed by the learned Civil Judge, Junior Division, South Tripura, Udaipur in T.S. 05 of 2009 whereby an application under Order-8, Rule-1(A) Sub Rule-3 of CPC filed by the defendant-petitioners, for production of some vital and important public document was rejected. The learned trial Court held that "at the time of filing of the written statement the document in question was not listed and mentioned in the written statement, as to under whose possession the document was lying." Therefore, the learned Court below observed that after the closure of the evidence of the plaintiffs' witnesses, if the aforesaid document is permitted to be relied on by the defendant that may cause prejudice to the plaintiff. Accordingly, the leave sought for by the defendantpetitioners, to rely on the said document was denied and consequently the prayer was rejected.

(3.) IT is apparent from the provisions of Order-8, Rule- 1(A) of CPC that the defendant has to disclose all those documents which are in possession or power on which he relies on. The defendant is also required to file all those documents which are in his possession and power together with his written statement and the defendant has to enter this document in a list and produce them in the Court along with the written statement. Accordingly, thereafter the defendant is required to deliver a copy of the documents to the plaintiff. If such document is not in the possession of the defendant, he has to state in whose possession or power it is. Rule-1(A)(3) provides that subsequent to filing of the written statement if the defendant wants to file any document he has to take leave of the Court. For obtaining leave of the Court, the defendant is required to justify by disclosing the reasons as to why the documents could not be filed together with the written statement and as to how the document is relevant for the purpose of just decision of the case. Therefore, the Court while considering the application of the defendant for grant of leave to file the document, has to see whether sufficient ground has been made out by the applicant for not filing the document earlier. This restriction has been put by the statute to avoid delay in adjudication of the dispute as because a party cannot keep on filing irrelevant document which are not helpful in adjudication of a dispute.