Late Production of Documents -- Application Filed After Closure of Evidence With Matter Fixed for Final Arguments -- Due diligence not shown, application rightly dismissed
(i) Civil Procedure Code, 1908, O.8 R.1-A, S.151 -- Late Production of Documents -- Failure to Explain Due Diligence -- An application for production of documents filed after closure of evidence of the defendant, when the matter stands repeatedly listed for final arguments, is rightly dismissed where the defendant fails to demonstrate what prevented him from filing the documents earlier and due diligence is neither explained nor established. (ii) Civil Procedure Code, 1908, O.8 R.1-A, S.151 -- Late Production of Documents -- Public Documents Presumed Within Knowledge of Party -- Where the documents sought to be produced are certified copies of public documents such as jamabandi and mutation records, it cannot be presumed that these were not within the knowledge of the defendant, and an application for their late production is rightly dismissed. (iii) Civil Procedure Code, 1908, O.8 R.1-A, S.151 -- Late Production of Documents -- Restriction Against Prolonging Litigation -- A defendant cannot be permitted to prolong litigation unnecessarily by seeking production of documents when the case is already fixed for final arguments, and such application is rightly dismissed.
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