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Judgment
R.P.Dholaria, J
Heard Mr.Nishit Gandhi, learned advocate for the petitioners and Mr.Malav Mulani, learned advocate for the respondents.
In support of his submissions, Mr.Nishit Gandhi, learned advocate has placed reliance on two decisions of the Honourable Apex Court, i.e. Rukaiyabibi Ahmed Ali Ismail and others Vs Musa Ismail Mahmed Khusal and others, reported in (2014) 16 SCC 422 and Billa Jagan Mohan Reddy and another Vs Billa Sanjeeva Reddy and others, reported in 1994(2) GLH 160. This Court has gone through the ratio laid down in the aforesaid both the decisions relied upon by learned advocate for the petitioners. The decisions referred above which are relied upon by learned advocate for the petitioners have no bearing to the facts of the present case. The application Exh.300 runs into only three lines which reads as under.
"In this case, the suit is pending at the stage of arguments. Earlier, evidence has been produced, but in this case, documentary evidence has remained to be produced through mistake and therefore, the plaintiffs produce the true copies of documentary evidence vide Mark 1 to Mark 3 along with the documentary list. It is humbly prayed to grant the permission."
Learned court below while dealing with the aforesaid application at Exh.300 even taken into consideration the arguments advanced. Indisputably, the matter was reached at the stage of advancing arguments. Neither any commission nor any explanatory reasons are forthcoming as to why the aforesaid revenue record which is available could not be produced for about decades. The application at Exh.300 is only in order to adopt dilatory practice in not deciding the suit within stipulated period. Such practice of production of documents cannot be allowed. Even otherwise, in such application at Exh.300 except production of documents, nothing is pleaded as to how such documents would be proved or admitted as evidence and as to whether it would be read or not. Under the circumstances, even of the application at Exh.300 is allowed, it would be a futile exercise.
In the result, the petition fails and the same is dismissed. Rule is discharged. No costs.