Mohammed Kaleel v. P. Radhakrishnan

Production of Documents – Procedural and technical hurdles shall not be allowed to come in the way of the court while doing substantial justice.

The sanctity, probative value and the relevance of the documents sought to be tendered in evidence are matters to be considered during final decision of the case and there is no necessity to chain the hands of the petitioner herein from tendering the said documents in evidence. Thus, I am of the view that the defendant can be given leave to produce documents produced along with I.A.No.2694 of 2018 and the order dismissing the petition without granting leave to receive documents is liable to be set aside in the interest of justice.

Code of Civil Procedure, 1908 – Order 8 Rule 1A and Rule 1A(3) the power of the court to receive additional documents which were not produced along with the written statement is protected under Order 8 Rule 1A(3) and if the court feels that leave is liable to be granted to receive documents to address the real controversy between the parties, additional documents can be received in evidence.

Order 8 Rule 1A provides that where the defendant bases his defence upon a document or relies upon any document in his possession or power, in support of his defence or claim for set-off or counter-claim, he shall enter such document in a list, and shall produce it in Court when the written statement is presented by him and shall, at the same time, deliver the document and a copy thereof, to be filed with the written statement. At the same time, Order 8 Rule 1A(3) permits the court to receive the documents with leave of the court at the time of hearing. [Para 11]

Evidence Law – Reception of Documents Court has power to receive additional documents in evidence at the time of hearing of the suit also.

Code of Civil Procedure, 1908 – Order 13 Rule 3 the Court has ample power to weed out such inadmissible document or a document which is not a valid document at all.

Code of Civil Procedure, 1908 – Order 8 Rule 1A(3) Production of additional documents which were not filed along with the written statement Procedural and technical hurdles shall not be allowed to come in the way of the court while doing substantial justice. If the procedural violation does not seriously cause prejudice to the adversary party, courts must lean towards doing substantial justice rather than relying upon procedural and technical violation. We should not forget the fact that litigation is nothing but a journey towards truth which is the foundation of justice and the court is required to take appropriate steps to thrash out the underlying truth in every dispute. Therefore, the court should take a lenient view when an application is made for production of the documents under sub-rule(3).