BALKISHAN Vs. JUGRAJ

JUDGEMENT

(1.) THIS is an appeal by Balkishan who was plaintiff in the suit against the judgment and decree of the Additional Civil Judge, Jodhpur.

(2.) THE plaintiff filed a suit for recovery of a sum of Rs. 10,000/- against the defendants respondents. THE claim was based on certain amounts said to be due to the father of Balkishan, named Ranchhordas. THEre was nothing in the plaint to suggest that the plaintiff was the adopted son of Ranchhordas. THE plaint proceeded on the assumption that the plaintiff was the son of Ranchhordas and therefore entitled to recover the amounts due to Ranchhor Dass from his debtors.

(3.) IN Idu vs. Kanwar (1) (AIR 1933 Lah. 892.) the Lahore High Court has held that the acceptance or rejection of a document produced at a late stage is a matter entirely within the discretion of the court. Hence where the trial court rejected a document, which was produced at a late stage, the High Court should not interfere with the exercise of the discretion unless it is satisfied that the discretion has been exercised capriciously, in an arbitrary manner and contrary to well-recognised judicial principles.