Honble PANDEY, M.—Learned trial Court SDO Makrana against the present applicant and non-applicant No. 2. At the trial during the cross-examination of the plaintiff i.e. N.A. No. 1 of this revision, the counsel for the applicant wanted to ask questions on the basis of Jamavandi Samvat 2006, 2011-2014, 2054-2057, An objection was preferred on behalf of the plaintiff. Ultimately, the learned lower Court decided the matter in favour of the plaintiff and refused to get the document exhibited produced on behalf of the applicant defendant during the cross-examination of the plaintiff. Thus this revision before this Board.

2. Heard the learned counsel for the applicant Shri Ajeet Lodha and the learned counsel for the non-petitioners Shri Yogendra Singh Shaklawat and perused. The impugned order of the learned trial Court dated 22.2.07. The only question involved in this revision is as to whether the defendant has a right to ash questions on the document produced by him during the cross-examination of the plaintiff on not? Under the Code of Civil Procedure the plaintiff is required to file all the documents with the presentation of the plaint. Likewise, it is also obligatory on the defendant to file all the document pertaining to his defence of the time of filing of the written statement. At any subsequent stage, the plaintiff or defendant can file the document only with the leave of the Court by taking recourse to O7 R 14 or O8 r. 1A as the case may be.

3. O7 R 14(4), O8 R 1A(4) and O 13(3) are the specific provisions touching the point in question. As per the provisions an opposite party has a right to ask questions on the basis of the document produced by himself at the cross-examination of his adversary or his witnesses though the document was not earlier produced or no leave of the Court was obtained.

4. In the light of the relevant provisions of the C.P.C. quored above, it becomes abundantly clear that the learned lower Court failed to notice the provisions and committed an error while passing the impugned.

5. Consequently, this revision petition is accepted. The order of the learned lower Court dated 22.2.07 is quashed and set-aside. The applicant is permittedto ask questions on the basis of Jamabandies from the plaintiff or his witnesses. The applicant shall be entitled to get the documents exhisited if permissible as per the provisions of admissibility of documents.

6. The copy be sent to the learned lower Court with a direction to dispose of the case of the earliest.

7. Pronounced on this 11th June, 2006 in open Court.

The file be consigned.

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