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habeeb (business)     19 December 2010

Suggestion needed

Plaintiff filed an ejectment suit under section 106 tp act. At the time of filing the suit, plaintiff filed some documents and after that, at the time of evidence plaintiff also filed some documents without seeking the permission from court. My advocate filed an application under order 13 rule 3 and 8 & R/ WS 151 of CPC for rejection of documents and evidence.But session's court not accepted my prayer and my advocate filed an ia application in the high court to strike off the documents and evidence.High court also dismissed my prayer saying the provision with regard to production of documents along with pleadings is not mandatory and the court in exercise of its discretion keeping in view the facts and circumstances of the case can permit the production of documents at a subsequent stage of the proceedings in the suit.Now I am planning to file in the supreme court. If any citation of Supreme court, please suggest.



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 1 Replies

B.S. CHHABRA, (Advocate)     19 December 2010

Be clear the court has discretionary power to reject at any stage the documents produced but filing of the documents is mandatory on the plaintiff while filing the suit otherwise later on it can not be taken in evidence without the leave of the hon'ble court. See the relevant law provisions and ruling on legallhelpp@yahoo.in And if the document is irrelevant or inadmissible then the court ought to reject it and/or impound it in the light of the fact and circumstances of the case as also the pleadings received by and arguements done before the hon'ble court. Your counsel knows all this well.

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