( 1 ) WITH the consent of parties the matter has been heard and is being disposed of finally.

( 2 ) ON 18. 9. 91 plaintiff filed suit for recovery of Rs. 3,75,000. 00 on the allegations that the plaintiff had given certain advance to the defendants for the supply of material by the defendants to the plaintiff and since the material supplied by the plaintiff was not according to the specification, the same was rejected by the departments to whom it was supplied by the plaintiff. Plaintiff consequently claims refund of the amount paid by way of advance to the defendant. The defendant also filed a suit of recovery of Rs. 3,25,000. 00 against the petitioner for the balance price of the goods. Both the suits were tried together by the Court of the Additional district Judge. After evidence of parties was concluded, the plaintiff filed an application under Order 13 Rule 2 read with Section 151, Civil Procedure code to place on record certain documents and to lead further evidence to prove the said documents. It was stated in the application that documents were in possession of the earlier Counsel and the same were not placed by him on record and the plaintiff came to know of