MUKAND LAL SHARMA Vs. CHIRANJI LAL

JUDGEMENT

(1.) By way of instant petition, a prayer has been made to set-aside order dtd. 12/7/2023, passed by learned Civil Judge, Court No, 8, Shimla, H.P., whereby the application of respondent No.1/plaintiff under Order 7 Rule 14 of the Code of Civil Procedure, has been allowed.

(2.) The impugned order reveals that while the plaintiff was in the process of leading evidence in the suit, he came up with an application under Order 7 Rule 14(3) of the Code of Civil Procedure, with a prayer to allow him to produce documents viz. expert report, site plan and photographs.

(3.) Application was resisted by the present petitioners, however, learned Trial Court has allowed the same by assigning the reasons as under:- "In view of the authority cited supra, this Court find that opportunity must be afforded to the applicant to place on record the document that seems to bring before the court the true facts of the case so that the court has access to all the relevant information in coming to its decision. Furthermore, at this stage, it cannot be evaluated whether the said document is relevant to decide the present case. The relevancy of the document has to be determined in accordance with law and not merely by submitting or filing them in the Court. Therefore, an application for placing the document on record cannot be dismissed on the ground that the documents ought to be produced is irrelevant. Moreover, the applicant is yet to adduce his evidence and as such no prejudice is going to be caused to the other side as respondents would be getting sufficient opportunity for rebutting the documents."