TMI Blog2020 (10) TMI 1251X X X X Extracts X X X X X X X X Extracts X X X X ..... alf of the defendant at the hearing of the suit - Subrule (3) states that a document which is not produced at the time of filing of the written statement, shall not be received in evidence except with the leave of the court. Rule (1) of Order 13 of C.P.C. again makes it mandatory for the parties to produce their original documents before settlement of issues. It is often said that procedure is the handmaid of justice. Procedural and technical hurdles shall not be allowed to come in the way of the court while doing substantial justice. If the procedural violation does not seriously cause prejudice to the adversary party, courts must lean towards doing substantial justice rather than relying upon procedural and technical violation. Com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r respective positions before the Trial Court. The plaintiff filed the suit for injunction alleging that the defendants are attempting to grab the suit schedule property. When the suit was posted for the evidence of the defendants, they filed an application seeking leave to produce certain documents. It was contended that they had recently traced these documents related to the suit property and that was why they could not produce them along with the written statement. This application was opposed by the plaintiff. The Trial Court by its Order dated 11th October, 2018 dismissed the application. As noticed above, the High Court has confirmed the order of the Trial Court. 4. Mr. R. Anand Padmanabhan, learned counsel appearing for the appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the possession or power of the defendant, he shall, wherever possible, state in whose possession or power it is. (3) A document which ought to be produced in Court by the defendant under this rule, but, is not so produced shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of the suit. (4) Nothing in this rule shall apply to document- (a) produced for the cross-examination of the plaintiff s witnesses, or (b) handed over to a witness merely to refresh his memory. Subrule (1) mandates the defendant to produce the documents in his possession before the court and file the same along with his written statement. He must list out the documents which are in his possession or power as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upon procedural and technical violation. We should not forget the fact that litigation is nothing but a journey towards truth which is the foundation of justice and the court is required to take appropriate steps to thrash out the underlying truth in every dispute. Therefore, the court should take a lenient view when an application is made for production of the documents under sub rule (3). 10. Coming to the present case, the defendants have filed an application assigning cogent reasons for not producing the documents along with the written statement. They have stated that these documents were missing and were only traced at a later stage. It cannot be disputed that these documents are necessary for arriving at a just decision in the sui ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
