AWADH SAO Vs. UMA DEVI

JUDGEMENT

(1.) Heard respective counsel for the parties.

(2.) The order impugned is dated 08.07.2008 whereby the Sub Judge IV, Ranchi in Title Suit No. 234 of 2003 has refused to grant leave for bringing certain documents on record. According to the learned Counsel, the same was necessary for a just decision of the case.

(3.) An application for bringing the documents on record was moved at the time when the witnesses of the Defendants were being examined. The submission is that the said documents were filed earlier, but since no leave was obtained, therefore, the same could not be exhibited. The ground for refusing the prayer made on behalf of the Petitioner is that since the documents sought to be exhibited was after the Plaintiff's evidence was complete and secondly that the xerox copy of the said documents were not appended to the written statement before framing of the issues and, therefore, in view of Order 13 Rule 1 C.P.C., since all the documentary evidence were not filed at the time of framing of the issues, no issue could be framed on the said documents. In these circumstances, the prayer of the Petitioner was refused.