Under which circumstance the court can reject application of defendant for production of document at the stage of their evidence?

 The revision-petitioners though stated that they referred

the documents during the cross-examination of P.W.1, did not

produce the said documents at that time, but filed the

documents when the suit is at the stage of defendants evidence

and sought the leave of the Court. As already stated above,

except the document No.6, no other document is referred in the

written statement by the revision-petitioners. No reason was also

assigned in the written statement for retaining the said

documents with the defendants at that time.{Para 11}

12. The affidavit filed by the revision-petitioners before the

Trial Court would show that documents were very much available with the defendants at the time of filing the written statement, but they did not file and now, they want to show that they retained them as they were required for taking loan from banks or getting benefits from the Government. But, no material is coming forthwith to support the same.

13. This Court in Ravi Satish and Voruganti Narayana Rao

cases (supra) held that grant of leave is not for mere asking, nor

is the Court a mere Post-Office to receive documents even in the

absence of any reasons being furnished for failure to file the said

documents along with the written statement.

14. In those circumstances, there are no grounds to interfere

with the Order of the Trial Court, as this Court did not find any

material irregularity in the impugned Order of the learned Trial

Court and the revision-petition is deserved to be dismissed.

 HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

CIVIL REVISION PETITION NO.4776 of 2016

Kottakota Lakkappa  Vs B.Lakkappagari Chikkaiah 

DATE OF ORDER PRONOUNCED : 18.08.2023

Coram:  SRI JUSTICE B.V.L.N.CHAKRAVARTHI

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What are provisions regarding production of documents in CPC?

 O 7 R 14 of CPC.

14. Production of document on which plaintiff sues or relies.—(1) Where a plaintiff sues upon a document or relies upon document in his possession or power in support of his claim, he shall enter such documents in a list, and shall produce it in court when the plaint is presented by him and shall, at the same time deliver the document and a copy thereof, to be filed with the plaint.

(2) Where any such document is not in the possession or power of the plaintiff, he shall, wherever possible, state in whose possession or power it is.

[(3) A document which ought to be produced in Court by the plaintiff when the plaint is presented, or to be entered in the list to be added or annexed to the plaint but is not produced or entered accordingly, shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of the suit.

(4) Nothing in this rule shall apply to document produced for the cross-examination of the plaintiff's witnesses, or, handed over to a witness merely to refresh his memory.]

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