P.C.

1. The suit is listed today for framing of issues. At the outset, the counsel for the plaintiff stated that the affidavit of documents of the plaintiff is ready and the plaintiff is relying upon some 156 documents. The counsel for the defendants objected to the affidavit of documents being taken on record. Relying on Order VII Rule 14 and Order XIII Rule 1 of the Code of Civil Procedure (for brevity referred as 'CPC') he submitted that the question of the plaintiff filing any affidavit of documents itself does not arise as no application for discovery has been taken out by the defendants.

The counsel further submitted that the plaint refers to about 21 documents and only those 21 documents can be accepted and nothing more than that. He stated that the plaintiff cannot rely on any document that is not annexed to the plaint. He submitted that as provided in the CPC all documents relied upon by the plaintiff have to be annexed to the plaint with a copy, together with a list thereof. And, the document that is referred in the plaint and it is stated in the plaint that it is not in the possession of the plaintiff and hence not produced and leave is craved to produce the s