BALWANT KUMAR Vs. KAILASH BEHL

JUDGEMENT

(1.) Petitioners are the plaintiffs, whereas respondents are the defendants and they will be referred to as such in this judgment. Petitioners are aggrieved by the order dated 5-3-2002, passed by the Sub-Judge (II), Mandi, District Mandi, whereby their application under Order 13, Rule 2, CPC for production of two documents was dismissed They intend to produce documents, (I) copy of mutation No. 180 dated 16-12-1978 and (ii) application form filed for getting the copy of order on which the said mutation was based, which was returned on the ground that the order applied for stood destroyed.

(2.) This Court has heard the learned counsel for the parties and gone through the record.

(3.) The reasons given by the Sub Judge for dismissing the application.are mainly that the documents intended to be produced were neither filed nor relied upon at the time of presentation of the plaint as envisaged under Order 7, Rule 14 CPC and also that no good cause has been shown for producing these documents at this late stage of the trial of the suit, as required under Order 13 Rule 2 CPC. The trial of the suit is at the stage of rebuttal evidence of the plaintiffs.