SUBHCHENDRA JHA Vs. BIHAR SCHOOL OF YOGA MONGHYR

JUDGEMENT

(1.) This is an application on behalf of defendant no. 1 and is directed against order dated 19th July, 1983 admitting two documents as exhibits in the suit at a stage when the hearing was closed. These documents are exhibits 11 and 11/A, (certified copies of the Municipal Assessment Registers). As already stated above the plaintiff filed the aforesaid certified copies of the two documents at the stage when the hearing was already closed. Under Order XIII Rule 2 of the Civil Procedure Code (hereinafter referred to as "the Code") the court should have recorded reasons for receiving such evidences at that stage. The party who files documents at such a late stage, under Order XIII Rule 2 of the Code has to show good cause to the satisfaction of the court for non -production thereof.

(2.) By order dated 10th August, 1983 this Court ordered that during the pendency of this application the court below will not deliver its judgment. It is apparent that the court below has not given opportunity of rebuttal to the defendant -petitioner nor has recorded its reasons for receiving such an evidence after the hearing was closed, as provided under Order XIII Rule 2 of the Code. The court below, before proceeding for judgment, shall give opportunity to the defen - (sic) petitioner to adduce evidence by way (sic) (sic) and only thereafter will proceed for the judgment. As the suit is a very old one, filed in 1971, the court below will fix a date and direct the petitioner to adduce evidence by way of rebuttal, if he so desires, and the trial court will try to complete this matter as expeditiously as possible, preferably within two months from the date of receipt of this order. The learned counsel for the parties have assured that they would co -operate with the court. With these observations the application is permitted to be withdrawn. In the circumstances of the case there will be no order as to cost.