UNION OF INDIA Vs. B D SHARMA

JUDGEMENT

(1.) THIS revision is directed against the order passed by Sub -Judge (C. J. M.) Jammu on January 3, 1987 disallowing the petitioners to produce a documents during the cross -examination of the plaintiff.

(2.) BRIEFLY stated the facts giving rise to the present revision are that in a suit pending before Sub -Judge (C. J. M ), Jammu filed by the respondent against the present petitioners for declaration regarding the date of birth entered in the service record, which is resisted by the respondent while the statement of the plaintiff was in progress, the petitioners wanted to introduce a document in the cross examination of the plaintiff. The said document was neither earlier produced by the respondent nor was in the list of reliance required to be submitted by the defendants along with the written statement as envisaged by Rule 8 -A of Order 8 of the Code of Civil procedure.

(3.) WHEN the petitioners tried to introduce that document during the course of cross examination of the plaintiff, an objection was raised by the counsel for the plaintiff/ respondent that such a document cannot be tendered in evidence during the course of cross examination of the plaintiff unless the same is produced in accordance with law with the leave of the court or by following the procedure prescribed under order 13 Rule 2 of the Code of Civil procedure, the same is brought on record Learned trial Judge after giving opportunity to the petitioners of being heard sustained the objections of the respondent and disallowed the petitioners to introduce the document to confront the plaintiff during the course of the cross -examination. The petitioners being aggrieved against the said rejection filed this revision before this court.