High Court Patna High Court - Orders

Lalla Rai vs Rajendra Pandit &Amp; Ors on 15 July, 2008

Patna High Court – Orders
Lalla Rai vs Rajendra Pandit &Amp; Ors on 15 July, 2008
          IN THE HIGH COURT OF JUDICATURE AT PATNA
                       C.R. No.638 of 2008
                            LALLA RAI
                              Versus
                    RAJENDRA PANDIT & ORS
                             -----------

2 15.7.2008 Heard Counsel for the petitioner.

The plaintiff petitioner seems to be aggrieved by an

order dated 17.3.2008 whereby and whereunder an

application filed by the petitioner on 7.2.08 for taking to

all the documents namely power of attorney of the year

1997 and an agreement of the defendant no.2 with the

plaintiff of the year 2006 has been refused to be taken on

record by admitting them into evidence and making them

as exhibits.

Counsel for the petitioner submits that the power of

attorney executed by the plaintiff no.2 in favour of the

plaintiff no.1 was essentially required to be brought on

record and similarly there being an admission on behalf of

the defendant no.2 admitting the claim of the plaintiff in

the agreement of the year 2006, the Court below ought to

have also allowed such documents to be taken into record

by admitting them into evidence and making them as

exhibits.

In the considered opinion of this Court, the Court

below after holding that the aforementioned documents

having no relevance on the issues involved for
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determination in the suit has correctly proceeded by

refusing such prayer of the petitioner by also taking into

consideration that the suit was of the year 1992 in which

issues were framed on 20.12.1999 and the plaintiff kept

on producing the evidence from 1.4.2000 i.e. for a period

of eight years before coming out with the prayer for

admitting the two new documents into evidence. The

Court below thus has rightly rejected such prayer of

petitioner in keeping with the spirit of Order XIII Rule 1 of

the Code of Civil Procedure which lays down that all the

documentary evidence must be placed on record by the

parties at a time settlement and framing of the issues, the

only exception being to the documents produced for the

cross examination of the witnesses of the other party or to

the documents handed over to a witness to refresh his

memory. Admittedly the petitioners being the plaintiffs did

not produce the copy of either of the two documents on or

before 20.12.1999 when the issues were settled and

framed by the court below and a subsequent discovery of

the two documents after more than eight years of the

commencement of hearing could not have been

straightway taken into evidence by marking them exhibits

only because the plaintiff petitioners have held the fort in

course of adducing their evidence for last eight years.

This Court has also taken into notice that the suit
3

is of the year 1992 and plaintiffs on being given the

opportunity to adduce their evidence from April 2000

have produced 22 witnesses in a period of last eight years.

If this be the pace of leading evidence by the plaintiff, the

suit is not likely to be concluded in next five years. In

such circumstances, this Court would direct the Court

below to ensure that the suit of the year 1992 is

expeditiously disposed of within a period of one and a half

years from the date of receipt/production of a copy of this

order.

This application thus being devoid of any merit is

hereby dismissed with the aforementioned observations

and directions.

Rsh                                         (Mihir Kumar Jha, J.)