AKSHAY DOEGAR Vs. KANWAR VIJAY SINGH

JUDGEMENT

(1.) The present application, under Order 8, Rule 1(3) , read with Section 151 of the Code of Civil Procedure, has been maintained by the applicant-defendant, with a prayer that he may be permitted to place and prove on record the documents, filed with this application. As per the applicant, the present suit has been filed by the nonapplicant/plaintif on the allegations that on account of the litigation instituted by the applicant-defendant against him, he could not complete the construction of his building within time, which caused financial loss of rental income to him. It has also been alleged by the non-applicant that he sufered damage and loss of reputation due to litigation and time spent on defending cases and various cases were instituted against him with the only intention to harass him. It has been further averred in the application that the nonapplicant/plaintif has completed his evidence and now the case is fixed for the evidence of the applicant-defendant and the applicant-defendant in his evidence intends to prove the documents, which could not be placed on record at the time of filing of written statement, as these documents were not in existence at that time and have come in existence after the filing of the written statement. So, the present application may be allowed and the applicant-defendant may be permitted to place and prove the documents mentioned hereinbelow. The documents which the applicant intends to place and prove on record are as under:

(2.) Reply to the application has been filed, wherein it has been averred that the documents sought to be placed on record were admittedly in existence and in the knowledge of the applicant prior to the evidence of the plaintif, as the dates of the same vary from 2012 to 2014. The applicant purposely waited for closing of the evidence of non-applicant/plaintif and thereafter with malafide intention, moved the present application. It has been further averred in the reply that if the said documents are permitted to be placed on record, the non-applicant/plaintif will be highly prejudiced, so the present application may be dismissed.

(3.) Learned counsel for the applicant-defendant has argued that the application is to place on record the documents, which have come into existence after filing of the written statement and earlier the applicant was having no opportunity to produce these documents on record. Learned counsel for the applicant-defendant in support of his contentions placed strong reliance upon the decision rendered by a Coordinate Bench of this Court in Brahm Dass vs. Onkar Chand and another's case.