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Judgment
The petitioner-Heavy Engineering Corporation Limited is aggrieved of order dated 12.03.2004 by which its application for admitting documents in
Money Suit No. 01 of 1995 has been rejected. Â
In Money Suit No. 01 of 1995, the petitioner is the plaintiff. The suit was instituted on 04.01.1995 and it was admitted for hearing vide order
dated 04.08.1995. Issues in the suit were settled on 11.07.2001 and on 06.07.2002 the plaintiff examined its first witness. In the meantime, the
suit proceeded exparte against defendant no. 1 and defendant no. 3 was debarred from filing written statement. After P.W. 2 was partly examined
on behalf of the plaintiff, an application under Order XIII Rule 2 C.P.C read with Section 151 C.P.C was filed by the plaintiff on 01.04.2003 for taking
certain documents on record. Plea taken by the petitioner that those documents were in custody of the Record-Keeper who had superannuated
from service and thus were not traceable, has been seriously disputed by the defendants. Â
About 10 years after the suit was admitted for hearing, in my opinion, the trial Judge has rightly declined to admit additional documents as evidence
in the suit. In the application dated 01.04.2003 the plaintiff has failed to plead how those documents are necessary for adjudicating the real
controversy in the suit. There is no foundation laid in the plaint in so far as relevancy of those documents is concerned. In the above facts, I find
no infirmity in the impugned order dated 12.03.2004.
The writ petition is dismissed.Â