- In Levaku Pedda Reddamma vs Gottumukkala Venkata Subbamma the Hon’ble Apex Court has held that refusing to permit a party in a civil suit to produce additional documents even if there is some delay will lead to a denial of justice.
- It is better for the Trial Court, in such cases, to impose costs rather than to decline the production of the documents itself, the Hon’ble Court observed.
- The instant appeal was filed against the order of the High Court affirming the order passed by the Trial Court refusing to permit the production of documents in terms of Order 8 Rule 1 of CPC.
- Order 8 Rule 1A of CPC states that when the defendant bases his defence on a document, or relies upon a document in his possession or power, he shall enter the same in a list and shall present the same before the Court along with his written statement.
- Order VIII Rule 1A(3) of CPC states that a document which ought to be produced before the Court under this rule, but is not so produced, will not be received in evidence on behalf of the defendant at the hearing of the suit, except with the leave of the Court.
- The Hon’ble SC observed that the HC as well as the Trial Court had committed a grave error in law when they did not permit the production of the document, the relevance of which could be deciphered by the Trial Court on the basis of evidence to be led, but to deprive the party of his right to file the documents, even if there is some delay in the production of the same would amount to denial of justice.
- The Court went on to observe that the rules of procedure are a hand-maid of justice and that even if there is some delay, the Trial Court in this case should have imposed some costs, instead of declining the production of the documents itself.
- Thus, in light of the aforementioned observations, the appeal was allowed and the appellant was allowed to produce additional documents.
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