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1998 Supreme(Kar) 332

H.N.TILHARI
ASHOK ALIAS NINGAPPA – Appellant
Versus
SHANTHABAI – Respondent


Advocates:
S.B.SHAHPUR

H. N. TILHARI, J.

( 1 ) THIS revision application arises from the order dated 7-2-1998 whereby the Trial Court has rejected the applicant's application under order 13, Rules 1 and 2 of the CPC read with Section 151 of the CPC. Trial Court has opined that the applicant has not been able to explain the delay and has not been able to give any satisfactory reason why he could not at stage Order 13, Rule 1 of the CPC produce the document. The plaintiff has come up in revision under Section 115 of the CPC.

( 2 ) I have heard Sri S. B. Shahapur, learned Counsel for the petitioner.

( 3 ) LEARNED Counsel for the revisionist contended that the Court below illegally refused to admit the document and really failed to exercise the jurisdiction vested. Prima facie, argument does not appear to be of any substance. The Trial Court has rejected the application with the observation,"plaintiff relied the same on this document, he ought to have file this document along with suit, suit is filed in the year 1994, but he has not filed said document, when he came to file the said document in the year 1998, Court has framed the issue on 24-3-1997 he has not filed any reasons stated by the petitioner in his





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