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Aggarwal Vidya Pracharni Sabha vs Municipal Corporation Faridabad And ... on 30 September, 2014
cites
Sukadev Rout vs Abali Bewa And Ors. on 5 March, 2007
As regards the judgment relied upon by learned counsel for the
respondents in Sukadev Rout's case (supra), it has been held that Order 8
Rule 1A(3) of the CPC stipulates that if a document, which ought to be
produced in the Court, has not been produced, the same shall not be
accepted in evidence without leave of the Court. Therefore, the plaintiff
cannot compel the defendants to file the document in support, as
consequence of non-filing of such document is specified in Order 8 Rule
1A(3) of the CPC which prescribes that if the document is not filed, it
would not be received by the Court at the time of hearing of the suit,
without the leave of the Court.
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