BHAROSI LAL Vs. MOOL CHAND

JUDGEMENT

(1.) IN both these revision petitions, which are directed against the order dated 20. 9. 89 by which the learned Civil Judge has rejected the applications filed by the petitioners under Order 13 Rule 2 C. P. C. , following questions have been referred by a learned Single Judge for decision by a Division Bench. (1) Whether a subordinate Court should not record reasons for refusing documentary evidence sought to be adduced under Order 13 Rule 2 C. P. C. even though good cause has been shown for such late production and the document is material one? (2) Whether no revision petition would lie against the order by which the subordinate court has refused to accept documentary evidence under Order 13 Rule 2 C. P. C. notwithstanding the fact that good cause has been shown for late production and the document is of vital material importance?

(2.) IN order to answer the questions referred to the Division Bench, it will be proper to briefly narrate the facts, which are common to both the revision petitions.

(3.) IN order to answer the two questions referred by the learned Single Judge, we may notice the provisions of Order 13 Rule 2 C. P. C. and Section 115 C. P. C. "o. XIII, r. 2 C. P. C. Effect of non-production of documents: - (1) No documentary evidence in the possession or power of any party which should have been but has not been produced in accordance with the requirements of r. 1 shall be received at any subsequent stage of the proceedings unless good cause is shown to the satisfaction of the court for the non-production thereof; and the court receiving any such evidence shall record the reasons for so doing. (2) Nothing in sub-rule (1) shall apply to the documents:- (a) Produced for the cross-examination of witnesses of the other party, or (b) handed over to a witness merely to refresh his memory. " "s. 115. Revision : (1) The High Court may call for the record of any case which has been decided by any court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate court appears : - (a) to have exercised a jurisdiction not vested in it by law, or (b) to have failed to exercise a jurisdiction so vested, or (c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, the High Court may make such order in the case as it think fit. Provided that the High Court shall not, under this section vary or reverse any order made, or any order deciding an issue, in the course of a suit or other proceeding, except where - (a) the order, if it had been made in favour of the party applying for revision would have finally disposed of the suit or other proceeding. or (b) the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to the party against whom it was made. (2) The High Court shall not under this section, vary or reverse any decree or order against which an appeal lies either to the High Court or to any court subordinate thereto. Explanation: - IN this section, the expression 'any case decided' includes only an order made, or any order deciding an issue, in the course of a suit or other proceedings. "