“12. Reading the provisions of Order 7, rule 14, Rule 17 and Order 13, rule 1, after amendment, it, therefore, transpires that the court can accept the documents filed by the plaintiff and receive the same in evidence on his behalf at the hearing of the suit, even if such document though ought to be produced in Court by the plaintiff when the plaint was presented, or ought to be entered in the list to be added or annexed to the plaint, but has not been produced or entered accordingly, provided of course with the leave of the Court. Such discretion, of granting or refusing leave, to be exercised by the Court, as noticed above, must be based on some foundation and cannot be arbitrarily exercised. Such discretion has to be exercised judiciously and keeping in view the facts and circumstances of each case and also to do justice between the parties. Therefore, it is not that no document, after settlement of the issues, can be accepted by the Court at all, copy of which was not filed along with the plaint though required to be filed. The plaintiff, however, in order to make out a case for exercising the discretion in his favour has to demonstrate the factual foundation to the satisfaction of the Court relating to the good and sufficient reason. Furthermore, the
