THOMAS P.JOSEPH
Bhanumathi – Appellant
Versus
K. R. Sarvothaman – Respondent
The question urged for a decision in this petition is whether a document which ought to have been produced along with the plaint or written statement or, original of documents which ought to have been produced on or before the settlement of issues could be produced at a later stage and the court has the power to receive such document in evidence?
2. Short facts necessary for a decision of this question are:
Petitioner is plaintiff in O.S.No.39 of 2007 of the court of learned Sub Judge, Kochi. That suit was being tried along with a few other suits treating O.S.No.39 of 2007 as the main suit. Issues were settled on 11-12-2007 and evidence of petitioner/plaintiff was over by 14-01-2010. Cases were posted for further evidence. While so, respondents/defendants filed Ext.P1, application seeking leave of the court to receive in evidence certain documents stating that they could trace out the documents only by then. Petitioner resisted that application contending that production of documents at that stage is not permissible. It was also contended that there was no justifiable reason for the belated production of the documents. Objections were overruled and Ext.P1, application was
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