KRISHAN LAL ISHER Vs. KHAN MOHD RAMZAN SOFI

JUDGEMENT

(1.) LETTER purported to have been written by the defendant to the plaintiff on 7. 11.1975.

(2.) PHOTOGRAPHS of the subject of dispute purported to have been taken on : -

(3.) O . 13. R. 2 invests the trial court with the discretion to receive in evidence any document produced out of time provided the party producing the same gives a satisfactory explanation for its non -production at the time of the first hearing. The discretion so given must be exercised liberally in order to advance the cause of justice and accordingly where a document, whether public or private, is above suspicion, it should be allowed to come in evidence if it is necessary for the just decision of the case. The trial court has not considered the matter concerning the letter in this prospective. Accordingly the part of the order dealing with the letter must be set aside and the court must be asked to reconsider the question and make fresh orders in that behalf.