Cpc
Surrender K Singal
(Querist) 08 September 2012
This query is : Resolved
What is the value of after thought documents being filed by defendants much after completion of pleadings and expiry of even extended date for filing of additional documents;
In any case the belatedly filed documents have no link to any of the pleadings whatsoever !
Can such unwarranted suo moto filing of unconnected documents be taken cognizance of ?
Which section / Order of CPC debars such late filing ? Any citation please !
ajay sethi
(Expert) 08 September 2012
Parties are required to file the documents before framing of the issues.the plaintiffs were required to file their original documents on or before
the date of settlement of issues as stipulated in order 13 rule 1 CPC
“1. Documentary evidence to be produced at or before the settlement of issues. – (1) The
parties or their pleaders shall produce, at or before the settlement of issues, all the
documentary evidence of every description in their possession or power, on which they
intend to rely, and which has not already been filed in Court, and all documents which the
Court has ordered to be produced
Order 7 Rule 14 sub-rule 3 of CPC is reproduced
hereinbelow for ready reference:
“(3) A document which ought to be produced in Court by the plaintiff when the plaint is
presented, or to be entered in the list to be added or annexed to the plaint but is not
produced or entered accordingly, shall not, without the leave of the Court, be received in
evidence on his behalf at the hearing of the suit.”
7.
ajay sethi
(Expert) 08 September 2012
Satnam Singh Sharma v. Triloki Nath Kalia reported in AIR 1974 Punjab &
Haryana 287 wherein it has been held as under:
“With every amendment or addition in the issues, a fresh opportunity shall have to be
granted to the parties by the Court. Moreover, the question whether or not a document
would be allowed to be produced by a party or a witness should be left to be decided as
and when the occasion keeps on arising during the trial and the Court should not seek to
place fetters before hand on the exercise of its own discretion depending on the
exigencies of a particular unforeseen situation. The Court should be left free to exercise
its discretion on the facts and circumstances of each situation as it arises and the Court
should not tie up its hands in such a manner that it is prevented from admitting a
document on adequate grounds being made out for its admission. The Court can, in the
interests of justice, at all times admit oral or documentary evidence at all stages of the
trial subject to such condition as to payment of costs or otherwise as it thinks fit.”
R.K Nanda
(Expert) 08 September 2012
Relavent documents must be filed before the start of evidence by both the parties.
Surrender K Singal
(Querist) 09 September 2012
Thanks, dear Experts;
Issues were framed before 19.01.2012 when admission / denial of addl. documents was recorded with "Ld. counsel for defendant states that he shall also be filing
additional documents within a week. It is made clear that if the additional documents are not filed within a week, opportunity of defendant to file additional documents shall stand closed"; Evidence by way of Affidavit of plaintiff was filed on 30.05.2012 and cross examination is scheduled for 02.11.2012;
In between, Dft. has instituted a counter blast suit after getting arguments u/O.12 R.6 adjourned to 12.09.2012; Now, copy of that unconnected suit with our WS has been filed without any application thereof; Moreover, these documents have no link or reference in any of the pleadings, at all; How can such unauthorised filing be taken care of vide bar u/O.7 R.14 or any other provision of CPC ?
Kiran Kumar
(Expert) 09 September 2012
well the question before the court will be whether the documents are necessary for the just decision of the matter?
if the court finds it necessary to have those documents on record then in the interest of justice another opportunity can be granted by the court.
its a matter of facts and circumstances of the case.
