RAHIM GANI @ CHINCHINA Vs. USMAN GANI AND ORS

JUDGEMENT

(1.) The present petition has been filed by the petitioner defendant No.3, challenging the order dated 23.02.2013 passed by the Additional District & Sessions Judge No.3, Ajmer (hereinafter referred to as "the trial court") in Civil Suit No.24/2004, whereby the trial court has rejected the application of the petitioner seeking production of the documents at the belated stage under Order VIII Rule 1(3) of CPC.

(2.) It has been sought to be submitted by the learned counsel Mr. Ravi Kasliwal for the petitioner that the documents sought to be produced by the petitioner, were received by the petitioner subsequently and they being very relevant to prove the defence of the petitioner, the same be permitted to be produced on record in the interest of Justice. However, the learned counsel Mr. Abhi Goyal for the respondent No.1 supporting the order passed by the trial court, submitted that the application was filed by the petitioner only to delay the proceedings, and the impugned order being just and proper, the writ petition be dismissed.

(3.) Having regard to the submissions made by the learned counsels for the parties, and to the impugned order passed by the trial court, it appears that the documents in question were sought to be produced by the petitioner at the fag end of the suit, when both the parties had concluded their evidence, and the suit was fixed for the final arguments. The trial court, therefore, did not permit such production at a belated stage and dismissed the said application of the petitioner with cost of Rs.750/-. The Court does not find any illegality or infirmity in the impugned order passed by the trial court. Even otherwise, it appears from the copy of the application filed by the petitioner for production of the documents that the application suffers from vagueness and does not contain any reason as to why such documents were not produced earlier when the evidence of the parties was to be commenced. It is needless to say that the parties have to produce the documents on which they place reliance, alongwith the plaint or written statement as the case may be, and at the most before the evidence is started in the suit. It is only in the exceptional circumstances of the case, the documents should be permitted to be produced at the later stage.