Documentary evidence omitted from the plaint may still be received with leave of court under the amended Civil Procedure Code.

After the omission of Order 18, Rule 17-A and the insertion of Order 7, Rule 14(3) of the Code of Civil Procedure, documents not produced with the plaint are not absolutely excluded from evidence. The provisions were read harmoniously to preserve the court's power to grant leave for reception of such documents at the hearing, even where they were omitted from the plaint schedule. The trial court's view that such evidence could never be received was incorrect, and the refusal to allow the plaintiff's application was unsustainable.

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Issues: Whether a plaintiff can, with leave of the Court, tender documentary evidence at the hearing of the suit although the document was not produced with the plaint or included in the plaint schedule after the omission of Order 18, Rule 17-A and the insertion of Order 7, Rule 14(3) of the Code of Civil Procedure, 1908.

Analysis: The amended scheme of the Code was read harmoniously. Order 18, Rule 17-A, which earlier provided for production of evidence not previously available despite due diligence, had been omitted. At the same time, Order 7, Rule 14(3) was inserted to regulate reception in evidence of documents which ought to have been produced with the plaint but were not. On a reasonable construction, the later provision was held to preserve the power of the Court to grant leave for reception of such documents at the hearing, and the omission of Order 18, Rule 17-A did not create an absolute bar. The trial court proceeded on an incorrect view that no such evidence could be received at all.

Conclusion: The plaintiff was entitled to seek and obtain leave to adduce the document in evidence, and the refusal to allow the application was held unsustainable and illegal.

Ratio Decidendi: After the insertion of Order 7, Rule 14(3) of the Code of Civil Procedure, 1908, documents not filed with the plaint are not absolutely barred from evidence and may be received with the leave of the Court.

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