M/S. HIMALAYA DISTILLERIES Vs. COMMANDANT, MORIGOAN

JUDGEMENT

(1.) The instant writ petition under Art. 227 of the Constitution of India is filed questioning the correctness of a part of the impugned order dated 7-4-2016 passed by the District Judge, Special Division-II, East Sikkim at Gangtok in Money Suit No. 18 of 2015 between the parties, where under it was held that the petitioner seeking to file fresh documents is not permissible by way of application under Sec. 153 read with Sec. 151 of the Code of Civil Procedure, 1908 (for short, 'the CPC, 1908').

(2.) The petitioner preferred a Money Suit No. 18 of 2015. According to the petitioner, the petitioner filed necessary relevant documents along with filing of evidence on affidavit, but the same could not be exhibited by the earlier counsel, who withdrew from the case, thereafter. On finding the shortcomings on the part of the counsel, the petitioner filed an application under Sec. 153 read with Sec. 151 of the Civil Procedure Code for correction of the cause title and also for exhibiting the documents, which were filed earlier, but could not be exhibited. In reply, the defendants/respondents submitted that the exhibition of such documents is tantamount to filing of fresh documents, which is not permissible under the provisions of Sec. 153 read with Sec. 151 of the CPC, 1908. The documents could not be exhibited as they were not filed before-hand.

(3.) The trial Judge, having examined the relevant documents, came to hold that the documents were not exhibited not on account of inadvertence and oversight, but the petitioner/plaintiff had chosen not to file the documents in question on filing of evidence on affidavit. It is further held that exhibiting such documents would amount to permitting filing of fresh documents, which is not legally permissible in the application.