DEBKANT MISHRA Vs. KADAMBRI MISHRA

JUDGEMENT

(1.) This application has been filed on behalf of the defendants 1 and 2 against that part of the order dated 12-1-1980 by which three documents filed by the defendants-petitioners have been refused to be taken in evidence.

(2.) In brief, plaintiff's case was that the plaintiff instituted a Partition Suit (No. 146 of 1973) now pending for disposal in the Court of the 3rd Additional Subordinate Judge, Madhubani vide P. S. No. 41/79 and the plaintiff claimed 1/4th share in various properties of several villages under different khatas. The petitioners jointly filed written-statement and stated that with respect to the properties of village Satlakha and Hussain-pur under Khata Nos. 34 and 95 the father of the petitioners had only 1/8th share (excluding house property) in the aforesaid Ancestral properties and the rest of the properties belonged to other persons (whose names, according to the defendants, had been given in the written statement) by virtue of inheritance as well as by "attainama" executed by Jainandan Mishra in favour of Raghav and Keshav Mishra (step uncles of the petitioners who were not parties to the suit). With regard to two plots out of the three plots in village Rahika, the petitioners stated that the said properties were self-acquired properties of the father of the petitioners and these petitioners and pro forma opposite party No. 3 later acquired this property by virtue of gift and over which the plaintiff-opposite party No. 1 or other pro forma opposite party (excluding opposite party No. 3) had no concern at all.

(3.) According to Order XIII, Rule 1, C. P. C., the parties or their pleaders shall produce, at or before the settlement of issues, all the documentary evidence of every description in their possession or power, on which they intend to rely, and which has not already been filed in Court, and all documents which the Court has ordered to be produced. If so produced, at or before the settlement of the issues, the Court shall receive those documents provided that they are accompanied by an accurate list thereof prepared in the proper firm. Documentary evidence in possession or power of the parties which should have been produced but not produced in accordance with Rule 1, Order XIII, may be received at any subsequent stage of the proceeding if good cause is shown to the satisfaction of the Court for non-production thereof and the Court receiving any such evidence shall record the reasons for so doing.