1. Heard the learned counsel for the petitioner and the learned counsel for the respondent.

2. Perused the impugned order dated 10.11.2015 passed by Sub Judge Ist, Araria in Title Suit No.51 of 2000 whereby the learned Court below rejected the application filed by the plaintiff petitioner for admitting the Trace - Map in evidence.

3. The learned counsel for the petitioner submitted that the Court below has rejected the application on the ground of delay only. The Court below has not recorded any finding as to whether the document sought to be admitted in evidence, his relief for admission of the real controversy between the parties or not. On the ground of delay only, the application could not have been rejected, particularly when the other side is not making any case that the document is a forged document.

4. On the other hand, the learned counsel for the respondent submitted that the finding of the Court below is that the case is of the year 2000 and according to Order 13 Rule 13 CPC, the documents requires to be produced, prior to framing but the document is now sought to be produced at the stage of argument. The learned counsel for the petitioner submitted that the document