The interest of justice requires that a party be given an opportunity to lead crucial evidence, even after the evidence is closed, if it is necessary for rendering justice.

1. Rule, with the consent of the learned counsel for the parties made returnable forthwith and heard.

2. The writ jurisdiction of this Court is invoked against the order dated 2/8/2013 passed by the learned Judge of the City Civil Court, Greater Bombay by which order the Application being Notice of Motion No.2461 of 2013 filed by the Petitioner/Plaintiff for recalling of its witness and tendering additional affidavit of examination in chief, for leading evidence in terms of Section 16(c) of the Specific Relief Act, 1963 came to be rejected.

3. Shorn of unnecessary details, a few facts, which are necessary for the adjudication of the above Petition, can be stated thus:

The Petitioner herein is the original Plaintiff and the Respondents herein are the original Defendants in the suit which was initially filed in this Court being H C Suit No.2526 of 1988. The said suit was filed for specific performance of 4 agreements dated 13/2/1975 in respect of 4 pieces of land which were agreed to be sold to the Plaintiff. The Plaintiff is a Co-operative Housing Society of the employees of one Mukund Iron. It seems that the Plaintiff had also purchased other plots of land from the Defendants. The Defendants, it seems had conveyed the other plots of land which were purchased but in spite of having been called upon to do so had failed to execute the conveyance deeds in respect of the 4 plots of land covered by the agreements dated 13/2/1975. The Plaintiff was therefore constrained to file the suit in question for specific performance.

4. In the context of the challenge raised in the present Petition, it is required to be noted that in Paragraph 14 of the plaint, the Plaintiff has referred to the letters by which the Plaintiff had called upon the Defendants to execute the conveyance and it has been averred that the Plaintiffs have shown their readiness and willingness to pay the balance of the purchase price viz. Rs.7,67,250/- but the Defendants on one pretext or the other have failed and neglected to come forward to execute the conveyance in respect of the said remaining area particularly the lands covered by the 4 agreements. The said paragraph is followed by paragraphs 15 and 16 in which paragraphs the Plaintiff has further reiterated its case in respect of its readiness and willingness.

5. The Defendants have filed their written statement pursuant to which the Issues came to be framed by a learned Single Judge of this Court on 3/12/2009 and amongst the issues framed was Issue No.4 which reads thus:

“Issue No.4 : Whether the Plaintiffs prove that they were always ready and willing and are still ready and willing to perform their part of the agreements?

It is thereafter that the Commissioner came to be appointed for recording of evidence by a learned Single Judge of this Court. The affidavit of evidence was filed by the Plaintiff on 13/1/2010 along with the compilation of documents. The documents were numbered on 29/4/2011 whilst the suit was pending in this Court. The Commissioner thereafter recorded the evidence and the 3 sets of Defendants being Defendant Nos.1(A) to 1(C), Defendant Nos.5 to 15, and the Defendant Nos.2(D) and 2(E) have cross examined the Plaintiff's witness which cross examination covered the aspect of the readiness and willingness of the Plaintiff.

6. The suit came to be transferred to the City Civil Court, Greater Bombay in October 2012 on the pecuniary jurisdiction of the City Civil Court being enhanced. The Plaintiff closed its evidence on 21/6/2013. The Defendants did not lead any evidence and accordingly closed their evidence. The suit is therefore at the stage where the arguments are to be heard. However, on 29/6/2013 an application came to be filed by the Defendant Nos.2(c) and 2(d) for directions to be issued to the Plaintiff to produce the documents which have been mentioned in paragraph 14 of the plaint. The said documents relate to the readiness and willingness of the Plaintiff. The said application came to