evidence on behalf of the defendants and that in order to establish the case of the defendants, the petitioner had also filed I.A.No.2548 of 2009 for receiving certain documents and that he received document i.e., certificate from Tahsildar, Kallur, and seeks leave of the court to produce the said document also. The said application filed under Order 7 Rule 14 C.P.C was dismissed by the court below on the ground that the documents now sought to be filed are not referred to in the pleadings and that the documents are not relevant for the issue involved in the suit. I am unable to appreciate the reasoning of the Court below in as much as relevancy of the document as the matter entirely left for the petitioner to decide and secondly the document sought to be produced is in the same series of the documents which were already filed along with I.A.No.2548 of 2009 and I.A.No.2083 of 2009 by the petitioner. For that the additional documents which are now available with the petitioner could not have been referred to in the pleadings when the written statement was filed. The Rules of Procedure being hand made, opportunity deserves to be granted to the petitioner, especially keeping in view that the suit is of 2005 is held up for trial on account of the impugned order.
