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1982 Supreme(Pat) 109

B.P.JHA
Mahanth Som Prakash Das – Appellant
Versus
Sri Udasin Panchayati Akhara Bara – Respondent


Judgment

1. This civil revision petition arises out of an order dated 24th Mar., 1979.

2. By the impugned order, the court below refused to entertain certain documents on the record and admitted certain documents on the record. In this connection the provisions of Rr.1 and 2 of O.13 of the Civil P.C. (hereinafter referred to as the Code) are relevant. Under O.13, R.1 of the Code, a party is entitled to produce all the documentary evidence on which he intends to rely at or before the settlement of issues. O.13, R.2 of the Code applies to a case where the documents are not in possession of the party concerned. If a document is not in possession of a party concerned, such a document can be received at any subsequent stage of the proceedings unless good cause is shown to the satisfaction of the Court for the non-production thereof. O.13, R.2 further provides that the court shall record the reasons for so doing.

3. In the present case, it is clear from paras 6, 7 and 8 of the revision petition that the documents, which were filed in the civil court on 21st Mar., 1979, were in the custody of the Additional Collector, Nalanda, in Mutation Appeal No. 53 of 1974-75. The Additional Collector












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