2004 (3) TMI 793

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....osite parties namely the Ordnance Factory, Khanari, Jabbalpur and other authorities of the Central Government. Though the plaintiff/petitioner has filed the above suit as being the registered partnership firm but the Firm, Registration Certificate in respect thereof was not filed while the plaint was presented. At the hearing of the suit, the plaintiff/petitioner made an application to adduce evidence as to the registration of its partnership business by recalling P.W. 1. The said application has been rejected by the impugned order. 2. The learned trial Court is of the view that the Code of Civil Procedure, as amended which has come into force with effect from 1-7-2002 has not provided for production of evidence which has not been disclo....

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....or a copy thereof to be filed with the plaint. (2) List of other documents.-- Where he relies on any other document (whether in his possession or power or not) as evidence in support of his claim, he shall enter such documents in a list to be added or annexed to the plaint." 5. It is interesting to note that while by Amendment Act 46 of 1999 the provisions of Order 18, Rule 17-A of the Code has been omitted with effect from 1-7-2002, the Amendment Act 22 of 2002, has inserted Sub-rule (3) to Rule 14 of Order 7 with effect from the self-same date i.e. 1-7-2002 which reads as under : "A document which ought to be produced in Court by the plaintiff when the plaint is presented, or to be entered in the list to be added or a....

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....h ought to be produced in Court by the plaintiff when the plaint is presented, or to be entered in the list to be added or annexed to the plaint but is not produced or entered accordingly, shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of the suit. (4) Nothing in this rule shall apply to document produced for the cross-examination of the plaintiffs witnesses, or, handed over to a witness merely to refresh his memory." 8. Thus it is evident that while there was no insertion of Sub-rule (3) of Rule 14 of Order 7, or substitution of said sub-rule by amendment Act 22 of 2002 as above, there was a distinct provision under Order 18-A of Rule 17-A of the Code to cover the situation where....