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SUBHASH CHAND
Budhuwa Oraon – Appellant
Versus
Ghura Oraon – Respondent
JUDGMENT
Mr. Arun Kumar, learned counsel for the petitioner is present but no one appears on behalf of the respondent nos.1 and 2 despite valid service of notice to them.
2. Heard the learned counsel for the petitioner.
3. The present writ petition has been filed on behalf of the petitioner against the order dated 21st September, 2016 passed by the learned Civil Judge (Junior Division)-I, Gumla in Title Suit No.27 of 2008, whereby the petition filed by the petitioner under Order VIII Rule 1A(3) C.P.C. for grant of leave to produce the documents has been rejected.
4. The learned counsel for the petitioner has submitted that the plaintiff-Ghura Oraon has filed a Title Suit No.27 of 2008 against Budhwa Oraon and Ors. for the reliefs that Ghardamadnama Deed no. 1096/93 dated 12th May, 1993, Original Mutation Case No.399 R 27/2002-03, Mutation Appeal No.7/2005-06 decided by L.R.D.C., Gumla and Mutation Revision No.17 of 2006 decided by D.C., Gumla all were sought to be declared null and void in regard to the property details of which is given in the schedule at the foot of the plaint of Khata Nos. 25, 122, 126 and 122 situated at village Mahuwatoli, P.S. Gumla, District-Gumla.
5. The def
Production of documents – Deletion of Order XVIII Rule 17-A of CPC does not disentitle production of evidence at a later stage.
The trial court must afford due opportunities to the parties to contest the case and cannot adopt an extremely harsh and hyper-technical approach in rejecting applications for taking documents on rec....
A defendant may produce documents at a later stage in civil proceedings if a bona fide explanation for the delay is provided, and no surprise is caused to the opposing party.
The court upheld the trial Court's dismissal of applications to introduce documents due to lack of valid grounds for delay, affirming the importance of timely evidence submission under procedural rul....
Court emphasized the importance of timely evidence submission in civil proceedings, stating that late applications require valid reasons, and upheld the trial court's decisions as free from jurisdict....
Documents must be relevant to the case and cannot be introduced at a belated stage without sufficient cause, as established in the context of civil procedure.
The second opportunity to produce documents under Order VIII Rule 1A(3) is for those who have produced documents with the written statement and have accountable reasons for not producing certain docu....
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