Order 8 Rule 1A(3) CPC Leave of court to produce additional documents Sub rule (3) provides a second opportunity to the defendant to produce the documents which ought to have been produced in the court along with the written statement/Civil Law/Latest Update/Law Literates
Justice Abdul Nazeer & Justice Sanjiv Khanna
SUPREME COURT OF INDIA
SUGANDHI vs RAJKUMAR CA 3427/20 13/10/20
Order 8 Rule 1A(3) CPC Leave of court to produce additional documents Sub rule (3) provides a second opportunity to the defendant to produce the documents which ought to have been produced in the court along with the written statement, with the leave of the court Discretion conferred upon the court to grant such leave is to be exercised judiciously – While there is no straight jacket formula, this leave can be granted by the court on a good cause being shown by the defendant – Defendants have filed an application assigning cogent reasons for not producing the documents along with the written statement – They have stated that these documents were missing and were only traced at a later stage It cannot be disputed that these documents are necessary for arriving at a just decision in the suit (Appeal allowed)
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Supreme Court Judgement_13-Oct-2020:Law Literates-Vaibhav Tomar
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