NARENDER Vs. VIKRAM ELECTRIC EQUIPMENT PRIVATE LIMITED

JUDGEMENT

(1.) The present petition lays challenge to order dated 23.5.2016 passed by the Additional Civil Judge (Senior Division), Gurgaon whereby two applications filed under Order 8, Rule 1A (3) of the Code of Civil Procedure (in short "CPC "), one dated 31.8.2012 filed by the respondent/plaintiff and the other dated 18.12.2013 filed by the petitioner/defendant have been decided by a common order.

(2.) The respondent-plaintiff filed an application for restraining the defendant/petitioner from exhibiting the documents mentioned in the application whereas the application filed by the petitioner/defendant is for grant of leave to produce the documents at the stage of adducing evidence by the defendant/petitioner.

(3.) Counsel for the petitioner has submitted that the mere fact that documents sought to be produced by the petitioner/defendant during course of evidence were not produced with the pleadings or entered in the list of reliance is not sufficient to reject claim of the petitioner to produce the documents at the time of evidence though the petitioner may be put to terms for his failure to produce the documents or enter them in a list at an appropriate stage of the proceedings. In support of his contention, he has relied upon judgment of this Court Sewa Singh Vs. M/s Ganpati Trading Company 2015 (1) Civil Court Cases 430 . Further reliance has been placed upon judgment of Honourable the Supreme Court of India Kailash Vs. Nanhku and others AIR 2005 Supreme Court 2441 and judgment of Gujarat High Court Jindal Saw Limited Vs. Saubhagyachand Shambulal Vora 2006 AIR (Gujarat) 1000 . In addition, it is submitted that in case the petitioner is not permitted to produce and prove documents Exs. D.1 to D.21, detailed in para 7 of the petition which were tendered into evidence along with affidavit of the petitioner filed by way of examination in chief before the trial court, a serious prejudice would be caused to the petitioner to defend the suit filed by the respondent/plaintiff for recovery of Rs. 28 lakhs (principal) and Rs. 8,96,000.00 (interest) along with future interest at the rate of 12% per annum on the basis of agreement to sell dated 26.7.2006 in respect of land, detailed in para 2 of the plaint (Annexure P-1).