AI Structured Summary
Not yet generated for this judgment
Judgment
Gautam Kumar Choudhary, J
Instant petition has been filed for quashing the order dated 13.11.2017 passed by learned Additional Munsiff, Ranchi whereby and whereunder the prayer of the plaintiff for seeking permission to produce two certified copies of the sale deed and original rent receipt under Order VII Rule 14(3) of the C.P.C., has been rejected.
The petitioners are the plaintiff, who has filed the suit for declaration of right, title, interest and possession over the suit land and in the event, the plaintiff being dispossessed, for recovery of possession.
It is submitted by the learned counsel that the certified copy of sale deeds were not in possession of the petitioners at the time of filing of the suit and after it were obtained, they have been produced before the Court. Their case is still at the stage of the evidence of the plaintiff and no prejudice will be caused to the defence on production of these documents. It is also submitted that these documents have been referred to in the pleadings in para 6 & 7 of the plaint.
It is cardinal principle of pleadings that every pleading shall contain, a statement in concise form of the material facts on which the party pleading relies for his claim or defence, as the case may be, but not the evidence by which they are to be proved. Therefore, it was not necessary that the particular sale deeds should have been detailed in the plaint. From the perusal of the plaint, it appears that there is a definite pleading in para 6 & 7 regarding execution of the sale deeds and therefore, it cannot be said that these documents were beyond pleadings.
The Court has the power to grant leave to the party for filing of documents even its belated stage.
Considering the facts of the case, the impugned order is set aside and learned Court below is directed to pass order afresh after hearing the parties.
This civil miscellaneous petition is accordingly disposed of. I.As. if any, are also disposed of.