Late documentary evidence and new issues outside pleadings may be refused where no good cause or proper pleading basis exists.
Certified copies of public records produced after the close of evidence may be excluded where no good cause is shown for the delay, and the court must record reasons when exercising its discretion under the CPC. A bare claim of lack of knowledge was insufficient, so refusal to admit the additional documents was upheld. A new issue outside the pleadings cannot be framed, and remand cannot be used to introduce a fresh controversy or alter the real matter in dispute. The amendment power under Section 153 and Order VI Rule 17 of the CPC cannot be used to set up a new case at the appellate stage.
Issues: (i) Whether certified copies of public records sought to be produced after the close of evidence should have been admitted. (ii) Whether a new issue not raised in the pleadings could properly be framed and the suit remanded, and whether the plaint could be amended so as to introduce that new case.
Issue (i): Whether certified copies of public records sought to be produced after the close of evidence should have been admitted.
Analysis: Order XIII, Rules 1 and 2 of the Code of Civil Procedure require documentary evidence to be produced at the first hearing and permit late reception only on good cause shown, with reasons recorded. The power to admit official records at a late stage is discretionary. The stated ground for delay was merely lack of knowledge of the documents, which was not a sufficient explanation in the circumstances.
Conclusion: The refusal to admit the additional documents was upheld.
Issue (ii): Whether a new issue not raised in the pleadings could properly be framed and the suit remanded, and whether the plaint could be amended so as to introduce that new case.
Analysis: A decision must be founded on the case made in the pleadings or on an issue necessarily involved in them. The proposed issue was not part of the pleaded case, and framing it would have introduced a fresh controversy. The amendment power under Section 153 and Order VI, Rule 17 of the Code of Civil Procedure cannot be used to alter the real matter in controversy or to set up a new case at the appellate stage.
Conclusion: The remand on the new issue was rejected and leave to amend the plaint was refused.
Final Conclusion: The appeal failed in full, and the decree against the appellants stood affirmed with costs.
Ratio Decidendi: Late documentary evidence may be excluded in the court's discretion absent good cause, and the amendment and remand powers cannot be used to introduce a case outside the pleadings or to alter the real controversy between the parties.
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