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Judgment
7 paragraphs · 287 wordsTarlok Singh Chauhan, J
Heard. The only ground for dismissal of the application filed by the petitioner for placing on record documents under Order 7 Rule 14 CPC is that the petitioner has nowhere disclosed what prevented him from producing such documents on record at the time of filing of the suit when they were in existence. It is nowhere explained how these documents are related to the present suit and essential for just disposal of the matter.
To say the least, the reasoning given by the learned trial Court is not at all sustainable in view of the fact that it is the specific case of the petitioner that the documents could not be attached with the plaint at the time of filing of the suit as majority of these documents were not available with the petitioner at the time of filing of the suit and some of the documents had recently been procured by him.
That apart, the specific averments made in the application are that the documents are important and are absolutely essential for deciding the real controversy between the parties.
Additionally, it needs to be observed that the precise relevance of the documents and the merits of the claim are required to be gone into by the learned trial Court only after the application for placing on record the documents is allowed or else it may amount to pre-judging the issue.
Having said so, the present petition is allowed and the order passed by the learned trial Court on 20.04.2021 is ordered to be set aside. The documents filed by the petitioner are ordered to be taken on record.
Pending application, if any, also stands disposed of.