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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. NATARAJAN, J
Dhanalakshmi, W/o. Late Durairaj – Appellant
Versus
Shailaja, D/o. Sankari Amma – Respondent
| Table of Content |
|---|
| 1. filing of documents in a civil suit. (Para 1 , 3 , 4) |
| 2. arguments against evidence introduction. (Para 5 , 6) |
| 3. consideration of burdens and proceedings. (Para 8 , 9 , 10 , 11) |
JUDGMENT :
K. NATARAJAN, J.
This petition is filed by the petitioner/2nd defendant for challenging the order passed by the First Additional Sub Court, Trivandrum in IA Nos.36/2025 & 37/2025 in O.S.No.69/2015, for having rejected the application for reviewing its order dated 30.05.2025 and dismissing the application for production of documents.
2. Heard the arguments of the learned counsel for the petitioner and learned Sr. Counsel, Sri. K. Ramakumar, appearing for the respondent.
3. The case of the petitioner is that respondent filed a suit against the petitioner's husband, Durairaj (deceased) for realisation of money. Whereas, the deceased defendant filed written statement by denying the averments for receiving any payment of loan from the plaintiff and he further denied the execution of loan agreement dated 15.08.2014 mainly on the ground that he was admitted in the Agila Hospital, Karur From 14.08.2014 to 16.08.2014. Therefore, the question of executing the loan agreement does not arise and
The court emphasized the necessity for parties to present evidence in support of their claims, ensuring that procedural fairness is maintained, especially under the Indian Evidence Act.
A defendant may produce documents at a later stage in civil proceedings if a bona fide explanation for the delay is provided, and no surprise is caused to the opposing party.
The court affirmed that missing documents may be submitted at later stages in trials to avoid undue delays, emphasizing rights of the accused are safeguarded by allowing challenges to evidentiary val....
The second opportunity to produce documents under Order VIII Rule 1A(3) is for those who have produced documents with the written statement and have accountable reasons for not producing certain docu....
Marked documents are not admitted as evidence without judicial determination; objections to admissibility can be raised at any stage.
The discretionary power of the court to summon witnesses under Order 16 Rule 14 CPC and the limitations on the parties' right to invoke the power of the court under this rule.
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