Production of Documents -- Delay in Filing -- Requirement Under Order 7 Rule 14(3) Held to be directory -- Production permitted where bona fide and opposite party given opportunity
(i) Civil Procedure Code, 1908, O.7 R.14(3) -- Late Production of Documents -- Provision Held Directory, Not Mandatory -- The requirement under Order 7 Rule 14(3) CPC that documents be produced or listed at the time of presentation of the plaint is directory and not mandatory. Though the provision places a procedural embargo on reception of documents not so produced, it itself confers discretion upon the court to grant leave for their production at a later stage. (ii) Civil Procedure Code, 1908, O.7 R.14(3) -- Late Production of Documents -- Effect Where Bona Fides Established and Opportunity Given -- Where the court is satisfied about the bona fides of a party seeking late production of documents, and adequate opportunity is afforded to the opposite side to meet the same, production of documents at a later stage does not vitiate the proceedings. (iii) Civil Procedure Code, 1908, O.7 R.14(3), S.151 -- Late Production of Documents -- Discretion to Permit in Interest of Justice -- Where the interests of justice so demand and adequate opportunity is given to the opposite party to meet the case set up by additional documents, the court is within its jurisdiction to permit their production subject to appropriate safeguards, procedural law being an aid to justice and not an obstruction.
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