NRISINHA CHARAN NANDI CHOUDHURI Vs. BATASI DASHI

JUDGEMENT

(1.) These tour appeals arise out of four suits for enhancement of rent of an occupancy holding. The Trial Court held that there was no ground for enhancement and refused the enhancement and this finding was upheld in appeal.

(2.) In the appeals before us one point has been taken namely that the plaintiff was not allowed to put in evidence certain collection papers. Admittedly these papers were not filed in the First Court at the first hearing. Order XIII, Rule 1 of the C.P.C. provides. "The parties or their Pleaders shall produce at the first hearing of the suit all documentary evidence, etc." As already stated these documents were not produced at the first hearing of the suit. Order XIII, Rule 2 of the C.P.C. provides that, "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 Rule 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."

(3.) In this case the Court was not satisfied that there was good reason why these documents were not produced at the first hearing of the suit; and it is impossible for us in second appeal to interfere with the order of the Court rejecting those documents; because, no reason has been shown for their non-production at the time. With regard to this point which is common to all the appeals, therefore, I decide against the plaintiff. The learned Additional District Judge in dealing with the Appeal No. 1980 states as follows: "Jote in the name of Batasha, jama Rs. 6- 11-ll 3/4. Defendant proves rent at a uniform rate from 1305 to 1319. The plaintiff proves a karcha Ex. 5 showing jama of Rs. 3-4-9 1/2 in 1298 and a counter foil Ex. A-4 for 1302 showing jama of Rs. 6-9-7 3/4. The learned Munsif has rejected these. I see no reason to do so. The karchas are, it is true, loose papers tied together but I have examined them carefully.... I do not think that this alone is sufficient, he should show more definitely how this large change came about."