1. This is an application by defendant No. 2 and is directed against order dated 18-3-1983 (in Title Suit No. 101 of 1975) refusing to take a document of the petitioner in evidence. The court below has refused to take the document in question in evidence on the sole ground that the plaintiff had closed his case and it is at that stage that the petitioner (defendant No. 2) had come up before the court with a prayer to take the document in question in evidence.

2. The petitioner contended in the court below that the petitioner had shown good cause for the non-production of the document in question on or before the settlement of the issues. The court below has negatived the contention of the petitioner.

3. The learned counsel appearing for the petitioner has contended before me that the court below has acted illegally in exercise of its jurisdiction and also with material irregularity in refusing to take the document in question in evidence and has further contended that if the impugned order is allowed to stand, it will occasion a failure of justice.

4. In order to appreciate the contention raised by the learned counsel for the petitioner, some relevant facts have to be state