Usha Devi and Others vs Nemani Mandal and Others

Narendra Nath Tiwari, J.—In this writ petition, the Petitioners have prayed for setting aside the order dated 16th June, 2011 passed by learned Sub JudgeII, Deoghar in Title Suit No. 318 of 1997, whereby learned Sub Judge has rejected the Petitioner''s leave to bring some documents on record.

It has been stated that the documents sought to be brought on record were mentioned in their written statement filed in the year 1990. The documents are the certified copies of the public documents and no formal proof is required. It has been stated that the said documents are very crucial piece of evidence for the Defendants, as they form the very piece of their defence. It has been submitted that the suit is still pending and it would not consume additional time if the documents are accepted and admitted in evidence.

I have heard learned Counsel for the Petitioner and perused the impugned order.

On going through the impugned order of the learned court below, I find that every aspect has been considered and it was found that despite their knowledge, the Defendants did not bring the same on record earlier. They have filed the application for leave to bring those documents on record at the fag end of the suit. The impugned order is, thus, well reasoned and I find no illegality in the order.

However, since the Petitioners have claimed that the documents are public documents and no formal proof is required to bring the same on record as evidence and that the same is the basis of their defence, they will suffer serious prejudice if the same is not allowed to be brought on record.Liberty is being given to the Petitioners to bring the said documents to the notice of the learned court below with an undertaking for compensating the other side by payment of cost, as would be directed by the learned court below.

If any such petition is filed before the learned court below with the said statement and undertaking, learned court below shall consider the same and pass appropriate order without being influenced by the impugned order dated 16th June, 2011.

With the said observations, this writ petition is disposed of.