YOUSUF MIR Vs. HAJRA

JUDGEMENT

(1.) THIS revision arises out of a matrimonial suit. The plaintiff asked for permission to file a copy of the document at a late stage of the suit on the ground that the copy was not in his possession or power at the first hearing of the suit. The lower court has declined to grant permission on twin ground. Firstly, that it is not open to a party to produce the document whenever it likes, and secondly, that there was no affidavit to support the application. So far as the first ground is concerned. Order 13 Rule 2 C. P. C. provides a complete answer to it. Rule 2 permits late production of the document provided good cause is shown to the satisfaction of the court for the non -production thereof at the first hearing of the suit. The lower court could not refuse to receive the document merely on the ground that it was being produced at a late stage. The court has nowhere held that the document was in possession and power of the party and yet it had failed to produce it at the first hearing, nor even that the document is suspicious ; which perhaps could be a ground for declining production at a late stage. The first objection is, therefore, untenable

(2.) THE result, therefore, is that the revision succeeds and is allowed. The trial court is directed to take the document on record. Lest there should be any mis -understanding, let me make it clear that because the document has been brought on the record, it should not be presumed that it would form the part of evidence unless it is properly proved. The parties are directed to appear before the court below on 29th August, 1980.