partition suit filed by A against B,C,D
A with its suit filed document list mentioning documents relyed on and in possession of B,C
no documents were filed till filing of affidavits u/s Order 18 Rule 4CPC
plaintiff filed affidavit for evidence in which no exhibits were marked
day was fixed for cross-examination of plaintiff in court
meanwhile A served notice to defendants of Order 12 Rule 8 CPC to produce document in court
Now on day fixed for cross-examination B&C filed some documents in response to notice.
off the record A & B,C are conspiracing against D
Now on day fixed for cross-examination D was out for some work and advocate appeared on memo asked court for adjournment which was granted
but B&C with A seeing it as opportunity without taking permission of court marked exhibits on those documents.
cross-examination of B&C concluded on same day now date is fixed for cross-examination by D
D on comming to the knowledge for such documents filed without permission and exhibits marking without any reference in affidavit filed a written objection u/s Order 7 Rule 14(3) read with 151 CPC to take documents off the record as no prior permission was seeked from court and to get copy of documents as those documents were never to D
Q. Can defendant file objection under Order 7 Rule 14 (3) CPC read with s. 151 CPC
query of court is
Defendant cannot file objection under Order 7 Rule 14(3) CPC