The court confirmed the allowance of document production under Order 7 Rule 14 CPC, emphasizing no prejudice to the opposing party.

1. Being aggrieved and dissatisfied with the order dated 26.09.2018, passed by learned Civil Judge, Court No.7, Shimla, District Shimla, H.P., whereby an application under O.7 R.14 CPC having been filed by the respondent (hereinafter referred to as "the plaintiff"), seeking therein permission to produce on record Original General Power of Attorney, came to be allowed, petitioner (hereinafter referred to as "the defendant") has approached this Court in the instant proceedings, praying therein to set - aside the aforesaid impugned order.

2. Having heard learned counsel representing the parties and perused the material available on record vis - a - vis reasoning assigned by the learned Court below while passing the impugned order, this Court sees no illegality and infirmity in the same and as such, it does not call for any interference.

3. Record reveals that an application under O.7 R.14 CPC came to be filed on behalf of the plaintiff, averring therein that when plaintiff was being examined on the last date of hearing, it transpired that the General Power of Attorney has inadvertently not been placed on record. Plaintiff averred in the application that on 24.4.2018 the General Power of Attorney of the plaintiff was examined and the General Power of Attorney was produced during his cross - examination, but inadvertently Original General Power of Attorney could not be exhibited. Plaintiff further averred in the application that defendant never disputed the fact that Ramesh Sood is the legally constituted General Power of Attorney of the plaintiff through whom the suit came to be filed. Plaintiff further averred in the application that General Power of Attorney was always in possession of Sh. Ramesh Sood, but same was not placed on record due to sheer inadvertence and as such, he be permitted to place the same on record.

4. Aforesaid prayer having been made on behalf of the plaintiff came to be opposed by the defendant by way of reply. Defendant claimed that documents which the plaintiff wants to place on record was very much in his possession prior to filing of the present suit, but the same was not purposely filed with an intention to delay the proceedings and as such, cannot be allowed to place the same on record at this stage. Defendant further averred in the application that documents sought to be brought on record was required to be placed on record at the first instance and as such, omission, if any, on the part of the plaintiff has resulted into a lacuna in the case of plaintiff, which cannot be allowed to be filled up at this stage.

5. Learned Court below on the basis of the pleadings adduced on record by the respective parties, allowed the application and granted the permission to the plaintiff to place on record Original General Power of Attorney of Sh. Ramesh Sood. In the aforesaid back ground, defendant has approached this Court in the instant proceedings.

6. This Court finds from the record that on 24.4.2018, General Power of Attorney of the plaintiff was examined and in fact General Power of Attorney was produced during his cross - examination, factum qua which stands duly recorded in the proceedings. Defendant has no where disputed in his reply that Sh. Ramesh Sood is not legally constituted General Power of Attorney of the plaintiff through whom the suit has been filed. Otherwise also, record reveals that suit is at the stage of plaintiff evidence and as such, learned court below while allowing the application rightly concluded that if document i.e. GPA is ordered to be produced on record, no prejudice, if any, would be caused to the defendant.

7. Leaving everything aside, if reply to the application filed by the defendant is read in its entirety, there is no challenge, if a