The relevance of a document to decide the real controversy and the interest of justice are crucial factors in allowing delay condonation and evidence marking.

P. RAMACHANDRA RAJU, J.

( 1 ) THESE Civil Revisions are filed against the orders passed on the two applications filed by the plaintiff in the lower Court. The petitioner/plaintiff as Managing partner of the registered firm, filed the suit against the respondent The registration extract of the firm was not filed. The plaintiff has closed evidence on his side and the matter was posted for arguments. At that stage,the petitioner/plaintiff came forward with the two applications, one forrecallingp. W. 2,the plaintiff for purposes of marking the registration certificate of the plaintiff-firm and the second application for marking the document as an exhibit, after condoning the delay. Both the applications were dismissed on the same day not by a common order, but by two separate orders. The lower Court found that there is no satisfactory explanation for not filing the document earlier and the petitioner cannot be permitted to fill up the loop-hole in his evidence.

( 2 ) IN I. A. No. 386 of 1994 which is an application filed under Order 13, Rules 1 and 2 c. P. C. , to receive the document after condoning the delay, it is clearly stated that by mistake and by over-sight, the document could not be filed and the delay is not intentional or wanton.

( 3 ) IN I. A. No. 385 of 1994 which is an application filed under Order 18. Rule 17, no reasons are mentioned for non-filing of the document earlier. Therefore, the lower Court while dismissing the said application observed that no reasons are assigned. In the affidavit filed in support of I. A. No. 386 of 1994, it is clearly stated that by over-sight, the document couldnot be filed earlier. Therefore, the ground that no reasons are assigned for non-filing of the document earlier is not correct. The other ground is that the application is meant for filling up the lacuna pointed out by the respondent in his arguments in the suit. This also cannot be a ground in my view to reject the application.

( 4 ) IT was rightly contended by the learned counsel for the petitioner that the registration extract could not be filed earlier by over-sight, therefore, it was filed with an application to condone the delay. The registration extract is not adocument which can be got up after filing of the suit. The registration was effected much prior to the filing of the suit. The registration extract can be received in evidence in the interest of justice. The learned Counsel for the petitioner relied on a decision of the Supreme court in Jagan Mohan Reddy v. Sanjeeva reddy (l)1994 (3)ALT (SC)41. Thesupreme court while dealing with a case arising under order 13, Rule 2 C. P. C. observed that it is settled law that if the documents are found to be relevant to decide the real issue in the controversy, and when the Court felt that interest ofjustice requires that the documents may be received, exercising the power under order 41, Rule 27 C. P. C. , the appellate Court would receive the documents and consider their effect. The Supreme Court has further observed that when such is the position, when the documents are sought to be produced in the trial Court, before the arguments are completed, normally they may be received; an opportunity be given to prove them and rebuttal if any and their relevance and effect may have to be considered in deciding the issues that arose in the controversy. Following the said judgment of the Supreme Court, I am of the opinion that the document in question is relevant to decide the real controversy between the parties. Therefore, in the interest of justice, it is necessary that the said document should be received in evidence. Accordingly, the impugned orders passed by the lower Court are set-aside.

( 5 ) HOWEVER, as the petitioner filed the document with an application to condone the delay in filing the same, and also another application to recall P. W. 2 to mark the said document after conclusion of evidence and after arguments are advanced, I am of the opinion that the ends of justice wil

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