SC Agrees Its Better to Impose Costs Than to Decline Production of Additional Evidence

Supreme Court Law Insider

Khushi Gupta

Published on: May 29, 2022 at 16:38 IST

The Supreme Court observed that, refusing permission to a party in a Civil Suit to produce additional documents even if there is some delay will lead to denial of justice.

The Bench comprising Justices Hemant Gupta and V. Ramasubramanian observed, the Trial Court can impose some costs rather than to decline the production of the documents itself.

In this case, the Andhra Pradesh High Court affirming the order passed by the trial Court refusing to permit the defendant to produce additional documents in terms of Order VIII Rule 1A(3) of the Code of Civil Procedure, 1908. The defendant approached the Apex Court.

As per Order VIII Rule 1A, 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 counterclaim, 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.

The Sub Rule (3) provides that a document which ought to be produced in Court by the defendant under this rule, but, is not so produced shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of the suit.

The Court also accepted the request of Respondents- Plaintiffs that they should be permitted to lead additional evidence, if any, on the basis of the documents now produced by the defendants.

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