RAM KUMAR Vs. AMAR SINGH AND ORS.

JUDGEMENT

(1.) THIS petition is directed against the order dated 14.3.2005 whereby the learned Trial Court rejected the application filed by the Petitioner (hereinafter referred to as the 'Defendant') for producing certain documents on record.

(2.) AT the outset, I may state that the original suit was filed in the year 1999 and the written statement was filed on 8.3.2000 and issues were framed on 13.11.2000. The evidence of the Plaintiff was closed by the learned Trial Court on 18.11.2003. The learned Trial Court rejected the application of the Defendants mainly on the ground that the Defendants had taken more than 12 opportunities to lead their evidence. In fact, the record reveals a shocking state of affair where the Court has granted as many as six last opportunities to the Defendants for leading evidence. Such orders reflect poorly on the Presiding Officer. A Presiding Officer who is imparting justice in accordance with law must be firm and decisive. Once a Presiding Officer gives a last opportunity to lead evidence, he should close the evidence unless there are some very special circumstances. However, in this case, I find that the Presiding Officer did not close the evidence and even after the Defendants had virtually examined all their witnesses again gave an adjournment to the Defendants to file an application.

(3.) BE that as it may the fact remains that out of the documents sought to be brought on record, one document, i.e., copy of the order passed by the Sub Divisional Judicial Magistrate (1) Poanta Sahib, District Sirmaur in Cr. Petition No. 166/4 of 1992 decided on 13.12.1993 is a certified copy of a judicial order. This is a public document and is not required to be proved and is directly admissible in evidence. Therefore, only on the ground of delay, the admission of this document in evidence should not be rejected. However, the other documents sought to be produced by the Defendants cannot be permitted to be brought on record at this belated stage since in case these documents are allowed to be produced and brought on record, the suit shall get further delayed because these documents will have to be proved by other witnesses. This cannot be permitted.