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INDERJEET SINGH
Brajlal – Appellant
Versus
Babulal Morwal – Respondent
ORDER :
(Inderjeet Singh, J.)
This writ petition has been filed by the petitioners-defendants challenging the order dated 12.01.2023 passed by the learned trial court whereby the application under Order 7, Rule 14 CPC filed on behalf of the respondents-plaintiffs was allowed.
2. Brief facts of the case are that the respondents-plaintiffs filed a suit for eviction, cancellation of patta and permanent injunction against the petitioners-defendants. During pendency of the suit proceedings when the matter was at the stage of plaintiffs' evidence, the respondents-plaintiffs filed an application under Order 7, Rule 14 CPC for taking the additional documents on record which was allowed by the learned trial court vide order dated 12.01.2023. Being aggrieved by the order dated 12.01.2023 the petitioners-defendants have approached this court by filing of the present writ petition.
3. Counsel for the petitioners-defendants submitted that the respondents-plaintiffs have submitted/produced the documents after a delay of more than four years. Counsel further submits that the said documents are not related to the dispute pending between the parties.
4. In support of the contention counsel relied up
The trial court must afford due opportunities to the parties to contest the case and cannot adopt an extremely harsh and hyper-technical approach in rejecting applications for taking documents on rec....
The court emphasized that documents not presented at the initiation of a suit cannot be accepted later without adequate reason, especially after a significant delay.
Documents not part of the pleadings and not on record cannot be considered in a civil suit, and the scope of interference in proceedings under Article 227 of the Constitution of India is limited.
The court upheld the trial Court's discretion in dismissing the application under Order 7, Rule 14 (3) CPC, finding it was filed with malafide intent to delay proceedings.
The main legal point established in the judgment is the requirement for the plaintiff to establish reasonable cause for non-disclosure of documents and the court's role in determining the sufficiency....
The court upheld the trial court's rejection of applications for document production and witness recall due to lack of demonstrated relevance and procedural compliance.
Timely filing of documents is crucial in legal proceedings; failure to do so may result in dismissal of applications as meritless.
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