BHEEM RAJ Vs. RAJ PATRIKA

JUDGEMENT

(1.) Heard learned counsel for the parties. By the impugned order the learned Court below tias dismissed the petitioner's application for taking on record the documents pro duced by him and for summoning a case diary of which he cannot get certified copy.

(2.) Perusal of the impugned order shows that the whole burden of the impugned order is that according to learned Court below the petitioner has not explained satisfactorily the delay, as it has been observed that the plaintiff is an Advocate and is having services of a Senior Advocate, and still he has not filed documents at the relevant time.

(3.) Suffice it to say that a bare look at the list of documents filed by the plaintiff alongwith the plaint does show that the plaintiff did rely on various documents which were not filed at that time and it was expressly mentioned in that list that those documents will be subsequently filed. That apart the documents that have now been filed which are in question, also does show that many of the documents are the documents which have come into existence subsequently. In such circumstances, the reason given by the learned Court below, as a stock reason, cannot be said to be a proper exercise of jurisdiction by the trial Court. Likewise the documents are the certified copies of the records of the Courts or authorities, and even in the reply to the application under Order 13 Rule 2 the opposite party has not raised any suspicion about their genuineness. In such circumstances the relevancy of the documents for decision of the suit was also one of the material considerations for deciding the question as to whether the document should be taken on record or not. Then it has also been pleaded, by the petitioner in the application that he was seriously ailing, and therefore, also could not file the document in time. In such circumstances, instead of myself undertaking the exercise, with the consent of the parties the impugned order is set-aside the matter is sent back to the trial Court for deciding the matter afresh keeping in mind the above circumstances.