written statement. A copy of the typed set of documents was also served on the learned counsel for the plaintiff as early as on 23.06.2020, as seen from the endorsement made by the learned counsel for the plaintiff in the typed set of papers which were filed by the 3rd defendant along with the written statement. When Section 65 of the Indian Evidence Act also makes it very clear that if the documents are not in possession and custody of the defendant, leave can be granted by this Court, if the said documents are in the custody of any other person out of the reach of the defendant and they are not subject to the process of the Court. In the case in hand, according to the 3rd defendant only xerox copies of the documents were given to the 3rd defendant at the time of signing the agreements and therefore, the original documents are not in the custody of the 3rd defendant, but instead, in the custody of third parties. Therefore, Section 65 of the Indian Evidence Act gets attracted as foundation has been laid in the plaint for marking of additional documents. However, the said documents sought to be received by this Court and marked as Exhibits can be received and marked only subject to its admission, proof and relevancy. No prejudice will be caused to the plaintiff if the documents are allowed to be received and marked as Exhibits subject to its admission, proof and relevancy. The plaintiff is always having the liberty to cross-examine the 3rd defendant with regard to the veracity of the documents which are received by this Court and allowed to be marked
