FATEH SINGH Vs. HASTI MAL

JUDGEMENT

(1.) The S.B. Civil Writ Petition No.6299/2019 is filed by the petitioners being aggrieved with the order dtd. 14/3/2018, whereby the trial court has rejected the application filed by the petitioners under Order 8 Rule 1 CPC to allow them to produce original documents, photocopies of which, have already been filed by the petitioners alongwith the written statements. The trial court has rejected the said application while observing that the petitioners have failed to mention in their application that how the original documents are relevant. The trial court has also observed that though the petitioners were impleaded as party in the suit and the evidence in the case was started on 13/7/2012, however, as the application is moved by the petitioners in the year 2018 with a great delay, therefore, the same was dismissed by the trial court.

(2.) Learned counsel for the petitioners has submitted that alongwith the written statements, they have filed certain photocopies of the documents and vide application under Order 8 Rule 1 CPC, the petitioners have sought permission to produce the orginal documents on record, however, the trial court without considering this aspect of the matter, has illegally rejected the said application vide impugned order.

(3.) Learned counsel for the petitioners have submitted that though, there is a delay in producing the original documents before the trial court, but the said delay can very well be compensated by paying cost to the plaintiffs. Learned counsel for the petitioners has also submitted that the petitioners are ready to pay appropriate cost for the same.