JUDGMENT

Tushar Rao Gedela, J. (Oral)

[The proceeding has been conducted through Hybrid mode]

1. The petitioner challenges the order dated 14.05.2023 passed by the learned Trial Court in CS No. 5978/2016 titled "Brig P.S. Julka Vs. Nand Kishore" whereby an application under Order VIII Rule 1 A read with Section 151 of the Code of Civil Procedure, 1908 filed by the petitioner seeking permission to place on record documents in support of his defence, was rejected.

2. Mr. Agarwala, learned counsel appearing for the petitioner submits that the petitioner is a poor contractor and was unable to place the material documents in support of his defence at the relevant point in time.

3. Learned counsel submits that by way of production of these documents, the petitioner has not sought any amendment in his written statement and it is only production of those documents which was material to defend his case before the learned Trial Court.

4. Learned counsel for the petitioner submits that no prejudice would be caused to the respondent/plaintiff inasmuch all these documents which are sought to be produced and placed on record by the petitioner/defendant, will, obviously be subject to proof ther