MILAP CHANDRA, J.—The revision petition No. 26/89 has been filed against the order of the Additional District Judge, Sri Ganganagar dated 19.11.88 by which he did not receive supplementary bill filed by the petitioner The revision petitions No. 35, 36 and 37/89 have been filed against similar orders of the Civil Judge, Merta dated 17.12.88 by which documents filed by the petitioners in their cases were not received. All these four revision petitions are being disposed of by this common order as a common question is involved in them.

2. In all the four revision petitions, the learned counsel for the non petitioners have raised a preliminary objections that no revision petition lies under sec. 115 C.P.C. against an order passed under Order 13 Rule 2 C.P.C. In support of their contention, they relied upon the decisions of their Lordships of toe Supreme Court in Managing Director (MIC) Hindustan, Aeronautics Ltd. Balanagar, Hyderabad vs. Ajit Prasad Tarve, Managrr Purchase and Stores, Hindustan Aeronautics Ltd. Balanager, Hyderabad (1), M.L Sethi vs. R.P. Kapoor (2), Manak Chand Nandi vs. Devdas Nandi (3), Pandurang Dhondi vs. Maruti Hari, Jadhav, (4) and also on the decision of this court given in Radheyshyam vs. Nathuram (5).

3. In reply to the preliminary objection, it has been contended by the learned counsel for the petitioners that revision under Section 115, C.P.C. is perfectly maintainable against an order passed under O. 13 R. 2, C.P.C, if it is passed by the Court with material irregularity in the exercise of its jurisdiction. They further contended that revision petitions are being entertained and allowed against such orders. They placed reliance upon Ramjilal v. Durgalal(6), Nand Kishore v. S. Budharam (7), Nanu Ram v. Vardhichand (8), Jagannath v. Jodha Ram (9), Municipal Council Bharatpur v. Gokalchand (10), R.N. Dhoot V. B.R. Shroti(ll), Bhikari Charan vs Basanti (12), Ganesh Ram vs. Paras Finance Co. (13), Yaqoob Ali v. F. Haji Taj Khanji Ibrahimji (14), Karnataka Agro Corporation v. A. Narain Nayak (15), Khanchand H. Chaklani v. Suresh Ramchand Gangani (16) and order dated November 1, 1988 passed in Civil Revision No. 72/84 Banshilal vs. Smt. Chhagani Devi & other.

"4. Order 13 Rule 2 (1), C.P.C. runs as under:-. 2. Effect of non production of documents (1) No documentary evidence in the possession or power of any party which should have been but has not been produced in accordance with the requirements of Rule 1 shall be received at any subsequent stage of the proceedings unless good cause is shown to the satisfaction of the Court for the non production thereof and the Court receiving any such evidence shall record the reasons for so doing."

It plainly says that no documentary evidence shall be received after the settlement of issues unless good cause is shown to the satisfaction of the court for its nan production and reasons shall be recorded for receiving it. Under the facts and circumstances of a particular case, the court has jurisdiction to hold rightly or wrong!y that good cause to its satisfaction has been or has not been shown for the late production of a document. Such a decision has no relation to the question of jurisdiction of the court. If the court has failed to record any reason for receiving any document at a late stage, it may be said that it has acted with material irregularity in the exercise of its jurisdiction. The above quoted provisions specifically require the recording of reasons by the court while accepting a document. However, no reason is required to be recorded for not accepting a document at a late stage. In such a case, there is no question of exercise of jurisdiction with materia] irregularity. In all these four cases, trial courts have given reasons in their orders for not receiving the documents. None of the documents is going to affect the ultimate decision of the case in which it has been filed. The mere fact that decision is erroneous in fact or in law does not amount to illegal

Click Here to Read the rest of this document