IMPORTANT POINT
The main legal point established in the judgment is that the rules of procedure are hand-maid of justice, and the court has the discretion to allow applications even in cases of delay by imposing costs. However, the lack of pleading in the written statement can also be a ground for rejection.

JUDGMENT

RAVI NATH TILHARI, J. - Heard Sri Ponada Sree Vyas, learned counsel for the petitioner.

2. The petitioner is the defendant in O.S.No.211 of 2016 pending in the Court of the Judge, Family Court-cum-IX Additional District and Sessions Judge, East Godavari at Rajamahendravaram.

3. The plaintiff/respondent filed the said suit for a decree for a sum of Rs.21, 97, 500.00 and for subsequent interest from the date of the promissory note against the defendant. In the said suit, the petitioner filed I.A.No.1430 of 2023 under Order VIII Rule 1-A and Sec. 151 of the Code of Civil Procedure (in short 'CPC') to condone the delay in filing the document i.e., 'chit book' containing his bid transactions in the name of respondent/plaintiff and his wife Sarada Devi. The same was contested by the plaintiff/respondent. The learned trial Court by the impugned order dtd. 30/8/2023 rejected the application. Challenging the said order, the present revision petition under Article 227 of the Constitution of India has been filed.

4. Learned counsel for the petitioner submits that the rejection of the petitioner's application on the ground of delay is not justified. Placing reliance in the case of Levaku Pedda Reddamma v. Gottumukkala Venkata Subbamma Subbamma(Civil Appeal No.4096 of 2022 @SLP(C) No.7452 of 2022, decided on 17/5/2022) he submits that rules of procedure are hand maid of justice and even if there is some delay, the petitioner's application could have been allowed by imposing some costs.

5. I have considered the submissions advanced by the learned counsel for the petitioner and perused the material on record.

6. Order VIII Rule 1-A CPC reads as under:

"Order VIII Rule 1-A. Duty of defendant to produce documents upon which relief is claimed or relied upon by him.- (1) Where the defendant bases his defence upon a document or relies upon any document in his possession or power, in support of his defence or claim for set-off or counter-claim, he shall enter such document in a list, and shall produce it in Court when the written statement is presented by him and shall, at the same time, deliver the document and a copy thereof, to be filed with the written statement.

(2) Where any such document is not in the possession or power of the defendant, he shall, wherever possible, state in whose possession or power it is.

(3) A document which ought to be produced in Court by the defendant under this rule, but, is not so produced shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of the suit.

(4) Nothing in this rule shall apply to documents-

(a) produced for the cross-examination of the plaintiff's witnesses, or

(b) handed over to a witness merely to refresh his memory."

7. From a bare perusal of Rule 1-A of Order VIII CPC, it is evident that where the defendant bases his defence upon a document or relies upon any document in his possession or power, in support of his defence or claim for set off or counter claim, he shall enter such document in a list and shall produce it in Court when the written statement was presented by him and shall at the same time deliver the document and a copy thereof to be filed with the written statement. As per sub-rule (3) a document which ought to be produced in Court by the defendant under sub-rule (1) of Rule 1-A, but is not so produced shall not be received in his evidence on his behalf at the hearing of the suit subject to the leave of the Court. Sub-rule (3) refers to sub-rule (1). Under sub-rule (1), the document which is required to be entered in the list along with the written statement is a document upon which the defendant bases his defence or relies upon any document in his possession or power, in support of his defence. Even if such a document is not entered in the list along with the written statement, the Court has got ample power under sub-rule (3) to permit the defendant to file such document even at a belated stage.

8. True, the rules of procedure are ha