Documents to be added and considered and taken on record before final Arugements
I have my Civil case Listed for final arguments next week. I have got to have critical Letter that was written by the respondent to me and is essential part of communication that is necessary to be taken for consideration and to be taken on record for the purpose of filing case within Limitation ( Previously it was misplaced hence it could not be added in evidence, but its reference was given in plaint but details were not given).
When application was moved by my advocate under 151 CPC Hon’ble Judge was not convinced to take document on record at the last stage when Final Arguments were to be done while other things were taken on record at cost. Judge also scolded my advocate that this was not the right section / manner in which he has moved application and said ignorance of law is not excuse.
Extracts from Order : “ Another application is filed under Order 151 CPC vide which certain documents in original are also sought to be filed. It is stated by the plaintiff that these documents were not available with them at the time of filing of the plaint and at the time of leading the evidence. This application is strongly opposed by counsel for the
defendant. While considering this application, situation is same as mentioned above that at the time of leading evidence by the plaintiff or after the evidence of defendant was closed, they have not reserved their right to lead any evidence in rebuttal. It is important to mention here that there is no details mentioned in the entire pleadings with regard to the original letter dated 01.09.2009 which is to be sought to be filed with other documents.
Therefore, in these circumstances, in the absence of any explanation in detail as well as any fact mentioning in the entire evidence by the plaintiff, this document can not be taken on record. The other documents sought to be filed by the plaintiff are originals of the copy of Newspaper and certain advertisement as well as statement of account alleging that they were not traceable and available with the plaintiff on earlier occasion. It has already been mentioned above that no such prayer has been made by the plaintiff to lead any evidence on these aspect. The matter has been fixed for final arguments. Therefore, in the absence of any such prayer, the plaintiff can not be allowed to lead evidence afresh on the basis of other documents sought to be filed with this application. These documents, however, have been mentioned in the pleadings and are part of relevant defence of the parties, therefore, all these documents except the letter dated 01.09.2009 are taken on record. However, as these documents have been filed on a very belated stage, hence, they are taken on record subject to the cost of Rs. 2000/.
The document dated 01.09.2009 is returned accordingly. ”
However, I have got to know that as per law the document can be added by moving application and it can be taken on record. I need to have judgement in support of same to take the letter on Record before final Arguments that is very critical without consideration of which my case can be barred by limitation and without that supported document I will not be able to appeal in higher court.
