1985 Supreme(MP) 774

IN THE HIGH COURT OF MADHYA PRADESH
T. N. SINGH, J.
Bhagwat Saran - Appellant
Versus
Mansingh - Respondent
C. R. No. 482 of 1977 (G)
Decided on : 16-12-1985

Headnote:(1) Civil Procedure Code, 1908 – O. 13, R. 1 and 2 – Rules 1 and 2 must be read conjointly – documents filed after framing of issues – Court has jurisdiction to allow if 'good cause' is shown.

       (2) Civil Procedure Code, 1908 – O. 13, R. 2 – belated application under – no reply filed – cause shown for delay – no objection by other side – cause to be accepted as 'good cause'.

       (3) Document – sale deed – cannot be proved unless original is called for.

       (4) Evidence Act, 1872 – S. 62 – sale deed – cannot be proved by certified copy – original deed to be called for.

        Short Note

       1. The view I took in M/s. Mabs Industries (1984 GHC 14) has sealed the fate of this case.

       2. Held : The short objection by Shri K. K. Dwivedi counsel for non – applicant No.1, has been answered by Mabs Industries (supra) wherein I took the view that Rules 1 and 2 of Order 13 CPC must be read conjointly and merely because application for filing documents was made after the issues were struck, it would not render the Court devoid of jurisdiction to admit documents if 'good cause' was shown by the plaintiff for exercising his right under Order 13, Rule 2 C.P.C. In this case, the admitted position is that there was an application for filing certain documents but made belatedly. However Shri Dwivedi made another very valid objection of which care has to be taken. Merely by filing certified copy of certain sale – deeds, though they may be admitted, they cannot be proved unless the originals are called for and this bas not been done in the instant case. However, that question shall arise after the documents are allowed to be filed. I was disposed to remand the matter for determination of the question whether 'good cause' had been shown but such an exercise has been obviated by the defendant's default inasmuch as there was no objection by the defendant to the application made under Order 13, Rule 2 CPC by the plaintiff. Accordingly, the cause shown for the belated filing bas to be accepted as 'good cause' indeed for the valid reason that it was a verified application and it was stated therein that the documents came to his possession belatedly. That indeed was the crux of the matter and on that there being no dispute, the prayer ought to have been allowed and it is now allowed.

       3. In the result, the 'petition succeeds and is allowed, The impugned order is quashed. The plaintiff shall file the documents as prayed but those shall not be a proved document unless necessary steps are taken to prove the same in accordance with law.

       Revision allowed.