Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.184 of 2024 Decided on: 24.03.2025 Swaroop Singh ….Petitioner Versus Subhash Chand ...Respondent Coram Hon’ble Mr. Justice Satyen Vaidya, Judge Whether approved for reporting? For the petitioner: Mr.Gurinder Singh Parmar, Advocate. For the respondent: Mr. Y.P. Sood, Advocate. Satyen Vaidya, Judge
(Oral) This petition is against the order dated 09.08.2023, passed by learned Civil Judg e, Court No.III, District Una, H.P. in Civil Suit No.104/2014. 2. By impugned order, learned trial Court has allowed the plaintiff (respondent herein) to place on record additional documents by allowing the prayer made in application under Order 7 Rule 14(3) of Code of Civil Procedure. 3. Mr. Gurinder Singh Parmar, learned counsel for the petitioner, has submitted that the impugned order suffers from wrong exercise of jurisdiction inasmuch as the same documents, which already were on record, have been allowed to be again placed on the file. He has drawn my attention to the application
2 filed by the plaintiff before learned trial Court under Order 7 Rule 14(3) of CPC, wherein it has specifically been averred that though the photo copies of the documents were on record, but the necessity for filing uncertified copies of same documents was felt by the plaintiff. 4. This aspect of the matter has clearly been missed by learned trial Court while passing the impugned order. When the photo copies of the documents were already there; as to how the filing of uncertified copy of same documents would improve the case of the plaintiff, has neither been explained nor shown to this Court. The application under Order 7 Rule 14(3) of CPC cannot be allowed in a mechanical manner. Since, the Court has to grant leave for the purpose, it has to provide valid reasons for exercising the discretion in favour of a party. 5. In result, the petition deserves to be allowed. Order dated 09.08.2023, passed by learned Civil Judge, Court No.III, District Una, H.P. is set aside and the application of the plaintiff under Order 7 Rule 14(3) of CPC is dismissed. It is, however, made clear that observations made in this order will not prejudice the trial of Civil Suit before learned trial Court in any manner as these observations have been made only for the purpose of this
3 petition.
Further, the plaintiff shall be entitled to prove the documents already on record, in accordance with law. 6. The petition is accordingly disposed of with a direction to the parties to appear before learned trial Court on 23rd April, 2025, on which date the case is stated to be already listed before the said Court. 7. Record of trial Court be sent back forthwith. ( Satyen Vaidya ) Judge March 24, 2025 (vt)