Late production of documents may be allowed with leave where material evidence and no prejudice justify substantive justice.

Procedural amendments on production of documents did not create an absolute bar to later filing with leave of the court. Where the trial had not yet commenced, the documents were said to be material, and no prejudice was shown to the other side, the court could invoke its inherent powers and related procedural provisions to receive additional documents, including xerox copies, and condone the delay. The governing approach was that procedural rules must yield to substantive justice when necessary to advance the ends of justice.

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Issues: Whether the applicant could be permitted to produce additional documents, including xerox copies, at the trial stage and have the delay in producing them condoned.

Analysis: The applications were considered in the context of the amended scheme of the Code of Civil Procedure, 1908, including Order XIII Rule 1, Order VII Rule 14(3), Order VIII Rule 1A(3), and Order XVIII Rule 17A, together with Section 151. The Court also relied on Rule 9 of the Companies (Court) Rules, 1959, preserving inherent powers to make orders necessary for the ends of justice. It was held that the amendments did not create an absolute bar against receiving documents later with leave of the Court, especially where the trial had not yet commenced and the documents were stated to be material to the case. The Court further treated procedural requirements as subordinate to substantive justice and found no prejudice to the respondent.

Conclusion: The applicant was permitted to produce the documents and xerox copies, and the delay in doing so was condoned.

Final Conclusion: The applications were granted on the footing that the Court's inherent and procedural powers could be used to receive crucial documents belatedly where justice so required.

Ratio Decidendi: Procedural amendments governing production of documents do not bar their later reception with leave of the Court, and the Court may invoke its inherent powers to allow such production when required to advance the ends of justice and no prejudice is caused.

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