MOHD. YUNUS Vs. AMARJEET SINGH

JUDGEMENT

(1.) This revision has been directed against the order dated 8.5.2001 passed by the Additional District Judge No. 2 Chittorgarh in civil original suit No. 32/99, by which the application presented by the defendant on 27.3.2001 under Order 13 Rule 2 Code of Civil Procedure has been rejected on the ground of delay and irrelevancy of the document to be produced.

(2.) Heard learned counsel for the petitioner-revisionist Mr. Shambhoo Singh and counsel for the non-petitioner Mr. Dinesh Maheshwari. Perused the order of the trial Court. Learned counsel for the petitioner relying on the decision of this Court in Municipal Council Bharatpur Vs. Gokul Chand reported in 1987 RLW p. 640 , argued that mere late production of the document cannot be a valid ground for refusal of it, if the same is above suspicion and its production is necessary for the decision of the case. It was further argued by the learned counsel that the documents to be produced by the defendant are above suspicion and their production is necessary for right decision of the case.

(3.) Learned counsel for the non-petitioner argued that the documents are not relevant and no good cause has been shown by the defendant for not producing the documents earlier to 27.3.2001. He further argued that so-called agreement, on which the defendant relies, do not find mention in the so-called sale-deed dated 10.2.1993. The evidence of the plaintiff has been closed and the suit is pending for recording the evidence of defendant and at this stage, after delay of more than 3 years, these documents have been produced which were in possession of the defendant himself. Therefore, the trial Court has committed no jurisdictional error in the matter and the revision should be dismissed.