Late production of defence documents may be allowed where good cause is shown and no serious prejudice arises.

Order 8 Rule 1A CPC requires a defendant to file relied-upon documents with the written statement, but sub-rule (3) allows later reception of those documents with leave of court. The discretion is judicial and should be exercised on a showing of good cause, especially where no serious prejudice is caused to the opposite party and the documents are relevant to a just decision on the merits. On the stated facts, the defendants explained that the documents had been missing and were later traced, so leave to produce the additional documents should have been granted and the refusal to consider the application was unjustified.

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Issues: Whether leave ought to be granted under Order 8 Rule 1A(3) of the Code of Civil Procedure, 1908 for production of additional documents not filed with the written statement.

Analysis: Order 8 Rule 1A requires a defendant to file relied-upon documents with the written statement, but sub-rule (3) expressly permits reception of such documents at the hearing with the leave of the court. The discretion under the rule is judicial and may be exercised on a showing of good cause. The procedural requirement is intended to aid, not defeat, the administration of justice, and where no serious prejudice is caused to the opposite party, the court should lean in favour of enabling adjudication on the merits. In the present case, the defendants gave a cogent explanation that the documents were missing and later traced, and the documents were relevant to a just decision in the suit.

Conclusion: Leave to produce the additional documents should have been granted, and the refusal to entertain the application was unjustified.

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