Badar Durrez Ahmed, J.

1. The first application (IA 6388/2006) has been filed under Order 7 Rule 14, Order 16 Rule 1, read with Section 151 of the Code of Civil Procedure 1908, (hereinafter referred to as the CPC) for production of additional documents and for filing an additional affidavit. The second application (IA 9770/2006) has been filed under Section 151 CPC for summoning a witness from the Indian Overseas Bank, defense Colony, New Delhi for the production of certain documents mentioned in the said application. Essentially, the question relates to the production of documents by the plaintiff.

2. The suit is at the stage where the plaintiff has closed its evidence in affirmative. The plaintiffs witnesses have been cross-examined and now the defendants witnesses have to be cross-examined. Both these applications were filed prior to the defendants witnesses having filed their affidavits by way of evidence. The learned Counsel for the plaintiff/applicant submitted that these documents, which are to be produced at this stage, were inadvertently left out by the plaintiff and the plaintiffs attention was drawn to them only in the course of the cross-examination of PW2 by th