Section 40 in Standing Order No. 2 Of The Financial Commissioner Himachal Pradesh
40. Documents produced at a later stage.
- The above provisions with regards the production of the documents at the initial stage of a suit are intended to minimise the chances of fabrication of documentary evidence during the course of the suit as well as to give the earliest possible notice to, each party of the documentary evidence relied upon by the opposite party. These provisions should, therefore, be strictly observed and if any document is tendered at a later stage, the Court should consider carefully the nature of the document sought to be produced i.e., whether there is suspicion about its genuineness or not and the reasons given for its non-production at the proper stage, before admitting it. The fact of a document being in possession of a servant or agent of a party on whose behalf it is tendered is not itself a sufficient reason for allowing the document to be produced after" the time, prescribed under Order XIII, rule I. The Court must always record its reasons for admission of the documents in such cases, if it decided to admit it. (Order XIII, rule 2.)
