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AJAY MOHAN GOEL
Charan Dass alias Jaidyal Singh – Appellant
Versus
Bakshi Ram (deceased) through his LRs Ratni Devi – Respondent
JUDGMENT :
Ajay Mohan Goel, J.
By way of this petition filed under Article 227 of the Constitution of India, the petitioner has challenged order dated 09.02.2024, in terms whereof, an application filed by the petitioner who happens to be the plaintiff before the learned Trial Court, i.e. under Order VII, Rule 14 of the Civil Procedure Code has been dismissed.
2. Having heard learned counsel for the petitioner and having perused the documents appended with the petition as well as the impugned order, this Court does not finds any infirmity in the order passed by the learned Court below.
3. It could not be disputed during the course of arguments that before the present application was filed under Order VII, Rule 14 of the Civil Procedure Code, earlier also two applications were filed by the petitioner to the same effect and as has been held by learned Trial Court, it appears that the purpose of filing the application is nothing but to drag the litigation. The Civil Suit was filed by the plaintiff in the year 2012. The application under Order VII, Rule 14 of the Civil Procedure Code, which now stands dismissed by learned Trial Court has been filed somewhere in the year 2023.
4. Order VII, R
A plaintiff cannot arbitrarily place on record documents that should have been produced at the time of filing the plaint, and the court will consider the reasons for not filing the documents earlier.
Order 8 Rule 1(3) CPC requires due diligence and relevance for post-written statement documents; unexplained delay, pre-existence of some, and irrelevance to suit dispute warrant dismissal; no Articl....
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's decision emphasized that the documents sought to be placed on record were already referred to in the plaint, and the defendants had sufficient opportunity to deal with them, justifying th....
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