Relevance of documents and the diligence of the parties in bringing relevant documents into the case record

JUDGMENT :

A.K. Rath, J.

This petition challenges the order dated 20.8.2018, passed by the learned Civil Judge (Senior Division), Udala, in C.S. No.49 of 2015. By the said order, the learned trial Court rejected the application of the defendants to mark the certified copy of the Record of Rights and rent receipts as exhibits.

2. The dispute lies in a narrow compass. Suffice it to say that plaintiff no.2-opposite party along with one Chandramani Mohanta instituted a suit for declaration of right, title and interest, confirmation of possession and declaration that the registered sale deed dated 18.4.2013 as null and void. The defendants filed a written statement denying the assertions made in the plaint. After closure of the evidence, the defendants have filed an application to mark the certified copy of the Record of Rights and rent receipts as exhibits along with an application for condonation of delay. It is stated that the documents were not available, for which, the same could not be filed at the time of the trial. After the documents made available, the same were filed. Plaintiffs filed objection to the same.

3. Placing reliance on the decision of this Court in the case of Sarat Chandra Mohapatra Vs. Narsingha Mohapatra & another, (2017) 2 CurLR 250, learned trial Court held that after conclusion of evidence, the argument was heard from the side of the defendants on 03.04.2018. The matter was adjourned to 05.04.2018 for argument from the side of the plaintiffs. Thereafter, the case had suffered several adjournments. On 10.08.2018, another Advocate was engaged by the defendants. A petition was filed to exhibit certified copy of Record of Rights and rent receipts along with an application for condonation of delay in filing the same. The documents sought to be marked as exhibits have no direct nexus with the issues of the suit. The Record of Rights are not relevant to decide the issue. The defendants were not diligent enough to bring those documents into the case record. Held so, it dismissed the petition.

4. Heard Mr. A. P. Bose, learned counsel on behalf of Mr. Vijay Kar, Advocate.

5. Learned counsel for the petitioners submitted that the documents sought to be executed were not in the possession of the defendants. The same were not available. The documents are relevant to decide the real dispute between the parties. The said documents are public documents. Plaintiffs shall not be prejudiced in any way, inasmuch as, they will be given an opportunity of rebuttal. He places reliance on the decision of the apex Court in the case of Billa Jagan Mohan Reddy and another Vs. Billa Sanjeeva Reddy and others, (1994) 4 SCC 659.

6. Order 13 Rule 1 C.P.C. provides that parties or their pleaders shall produce, on or before the settlement of issues, all the documentary evidence of in original where the copies thereof have been filed along with plaint or written statement.

7. The Apex Court in the case of Billa Jagan Mohan Reddy (supra) held :

“It is clear from its bare reading that the parties or their counsel shall be required to produce all the documentary evidence in their possession or power which they intend to rely on to establish their right along with pleadings or before settlement of the issues.

The court is enjoined under sub-rule (2) to receive such documents provided they are accompanied by an accurate list thereof prepared in the prescribed form. If they are not in the party's possession or custody, it shall be filed by the party along with an application to condone the delay in filing them. The explanation for delay is not as rigorous as one filed under Section 5 of the Limitation Act. These documents were not in the possession or custody of the appellants, but they have obtained certified copies from the Revenue Authorities and sought to be produced. It is undoubted that there is a delay in production of the said documents. But the trial court had stated that the application was filed at the stage of arguments, seeking to produce th