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Supreme Court of India 2020-10-13 allowed

SUGANDHI (dead) by Lrs. & ANR vs P. RAJKUMAR

Bench: 2 — S. Abdul Nazeer, Sanjiv Khanna

In Brief

In this civil appeal, the Supreme Court considered whether a Trial Court and High Court properly rejected a defendant's application to produce additional documents not filed with their written statement in a property dispute. The defendants sought to introduce documents proving their ownership of the suit property, which they claimed had only been traced after filing their written statement. The Court held that the discretion to grant leave under Order 8 Rule 1A(3) of the Civil Procedure Code should be exercised liberally when good cause is shown and no serious prejudice results. Emphasizing that procedure exists to serve justice rather than obstruct it, the Court allowed the appeal and permitted production of the documents."

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Civil Procedure Evidence Discretion of Court

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