RAM KUMAR GUPTA Vs. SHANTI DEVI

JUDGEMENT

(1.) I have heard Mr. K. S, Johal. learned counsel for the petitioner as well as Mr. R. K Gupta learned counsel for the respondents in extenso.

(2.) THE sole controversy that arises in this revision is, as to wether the documents sought to be produced by the defendants witnesses, which have neither been disclosed in the list of the witnesses nor explicitly described in the written statement, in a suit for eviction that culminated to the stage of recording defendants evidence after the farming of the issues and closure of the plaintiffs evidence can be received in evidence and allowed to be proved in his statement . It is pertinent to point out that there are two stages regarding admission of document contemplated by order 13 rule 1 of the CPC, (1) Documents not required to be proved by calling witnesses, are to be marked at the first hearing or at the time of settlement of the issues; (2)Documents to be so proved by calling witnesses arc to be admitted and marked when proved and formally tendered in evidence. This principle however applies also to the documents filed with the leave of the court, after issues are farmed. The requirement as to production of document at the earliest is intended to secure speedy and orderly conduct of the suit. The parties can not be permitted to produce the documentary evidence as and when they like so as to take the other side by surprise.

(3.) IN the instant case the defendant produced one Dr. Ram Saroop as witness in his case to prove whether the requirement of the suit shop is greater than that of the defendant. The defendants witness Dr. Ram Saroop while making a statement produced photocopy of the demand note and also calendar handed over to him by Naveen Bhasin son of the plaintiff so as to show that he was working in the said office of the Kashmir Times news paper when he visited there in June 1991. but the same was declined by the trial court to be produced for the purpose of being ultimately used as a documentary evidence in the case.