Relevance of documentary evidence in substantiating the averments made in the written statement.

JUDGMENT

(Prayer: Application filed under Order XIV Rule 8 of Madras High Court Original Side Rules r/w Order VIII Rule 1A(3) of CPC, to grant leave to receive the below mentioned documents in evidence:

1. The present application has been filed by the applicant/defendant seeking leave to receive the documents mentioned in the Judge''s Summons.

2. Heard Mr.D.Prahbhu Mukunth Arun Kumar, learned counsel for the applicant and Mr.N.Baskaran, learned counsel appearing for the respondent.

3. Learned counsel for the applicant/defendant would submit that a money suit had been initiated by the respondent/plaintiff. He would submit that the Plaintiff being a Chartered Accountant of the applicant had misused the cheques deposited for payment of Income Tax. He would submit that the applicant had neither borrowed any sum as alleged in the plaint for which he had filed a detailed written statement. Unfortunately, at the time of filing the written statement, he had misplaced the documents that are stated in the Judge''s Summons to be filed along with the written statement and therefore, he is filing the present application to receive the said documents to be marked as defendant''s exhibit during his examination in support of his claim. He would submit that the document in Sl.Nos.1 and 2 is sought to be marked to establish that the cheques were not issued by him. With regard to the document in Sl.No.3, he would submit that it is a bank statement of the applicant for a period from 22.01.2016 to 30.12.2017 to establish that the applicant had also paid various amounts to the respondent/plaintiff. Hence, he would seek leave to receive the aforesaid documents.

4. Countering his arguments, learned counsel for the respondent/plaintiff would submit that the applicant in his affidavit had not stated for what reason the aforesaid documents are sought to be received. He would also further submit that even though the applicant had stated that the said documents were misplaced along with other files, there is no statement of fact as to when the applicant had recovered the said documents. He would submit that the written statement was filed by the applicant as early as in the year 2019 and the present application is sought to be made only in the month of February 2023.

5. He would submit that the applications are not supported by any material facts. He would further submit that document No.3 is a bank statement. Even if he had misplaced the bank statement, he could have applied for the same and he would request this Court to take judicial notice of the fact that as and when the bank statement requested, the concerned bank provides the same without any delay.

6. When that being so, he would submit that the present application is only to drag on the proceedings and harass the respondent from enjoying the fruits of the decree with hopeful of law being granted. Hence, he would request this Court to dismiss the application as being devoid of merits. He would further submit that the examination of the plaintiff had been delayed and he had already been very much harassed in making him to wait the entire day for being cross examined and thereafter an adjournment would be sought for some other day. Finally after intervention of this Court by order dated 25.08.2022, the evidence of the respondent/plaintiff was closed on 11.10.2022. The defendant has been in spite of repeated adjournments not examined himself even in chief. Hence, he would pray to this Court to dismiss the application filed by the applicant.

7. I have considered the rival submissions made by the learned counsel appeari