Gangadhar S/O Shri Chhitar v. Ramphool S/O Shri Kanhaiya
Case brief
What is this about?
Belated production of documents by defendants under Order VIII Rule 1A(3) CPC (moved with Section 151 CPC); leave of the Court; production of documents at later stage of trial as discretion of the court, not a litigant's right; non-interference with reasoned discretionary orders in exercise of Article 227 supervisory jurisdiction; permanent-injunction suit over an alleged two-feet wide Gali; patta No. 93 of Gram Panchayat Bhadoti and Receipt No. 9 (Plot 1587.2 Sq. Ft.); Mouka Commissioner report and Nazari Naqsha discrepancy. Relevant for advocates assessing late-stage Order VIII Rule 1A(3) admission applications and Article 227 challenges to a trial court's refusal thereof.
What did the court decide?
It was well within the discretion of the learned trial Court to reject the application under Order VIII Rule 1A(3) CPC, as the documents were filed at a belated stage when the recording of evidence was almost complete and did not appear relevant to the defence of the defendants-petitioners.