Shri Ramanand v. Delhi Development Authority (Thr Its Vice Chairman) & Anr

JAYANT NATH, J AUGUST 11, 2016 N

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 11.08.2016 + CM(M) 374/2015 & CM No.7905/2015 SHRI RAMANAND ..... Petitioner Through Mr.S.S.Panwar and Ms.Nivedita Panwar, Advs.with petitioner in person versus DELHI DEVELOPMENT AUTHORITY (THR ITS VICE CHAIRMAN) & ANR ..... Respondent Through Mr.Dhanesh Relan, Standing counsel for DDA with Ms.Isha Garg, Adv. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH J. (ORAL) 1. By the present petition the petitioner seeks to impugn the order dated 4.12.2014. The petitioner/plaintiff has filed a suit for damages against the respondents. The plaintiff claims to be in occupation of un-acquired land of Khasra No.218 (measuring 4 bighas and 7 biswas) in village Masoodpur, New Delhi. It is his contention that on 4.8.2006 respondent No.1 DDA demolished the house of the petitioner damaging/crushing the belongings lying therein. Hence, the suit was filed claiming damages of Rs.10 lacs. The issues in the present case were framed on 28.11.2007 and an additional legal issue has been framed on 7.12.2012. Admittedly, evidence of the plaintiff has commenced but now the present two applications have been filed under Order 7 Rule 14 CPC seeking to place on record certain additional documents. 2. A perusal of the impugned order shows that the trial court noted that there is nothing new which the petitioner has discovered which could not have been filed earlier. The trial court concluded that permitting the petitioner to file the documents at this stage would prejudice the trial and lead to unnecessary delay. Accordingly, both the applications filed by the petitioner were dismissed. 3. Learned counsel for the petitioner has vehemently submitted that these are all admitted documents and are essentially official documents and they are material for this case. He relies upon judgment of a Single Judge of this court in Link Engineers (P) Ltd. vs. Asea Brown Boveri Limited, 2007 (140) DLT 533 to contend that evidence commences only when cross- examination has commenced and hence in the present case evidence has yet not commenced. He also relies upon judgment of the Supreme Court in Kapil Kumar Sharma vs. Lalit Kumar Sharma and Another, (2013) 14 SCC 612 contending that these documents be taken on record. 4. Learned counsel for the respondent has opposed the present application relying upon Polyflor Limited vs. Sh.A.N.Goenka & Ors. 2016 SCC Online Del 2333 and Haldiram (India) Pvt. Ltd. & Ors. vs. M/s. Haldiram Bhujiawala & Anr. 2009 SCC Online Del 639 to contend that such document would prejudice the respondents and needlessly delay the trial. 5. Order 7 Rule 14 sub clause 1 and 3 read as follows:- "O.VII R.14. Production of document on which plaintiff sues or relies (1) Where a plaintiff sues upon a document or relies upon document in his possession or power in support of his claim, he shall enter such documents in a list, and shall produce it in court when the plaint is presented by him and shall, at the same time deliver the document and a copy thereof, to be filed with the plaint. (2) ... (3) 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 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." 6. The settled legal position as per Order 7 Rule 14 is that the plaintiff has to present documents when the plaint is presented by him. Subsequently, the document cannot be presented without the leave of the court. 7. In Polyflor Limited vs. Sh.A.N.Goenka & Ors (supra) this court in paragraphs 16, 17 and 18 held as follows:- "16. Order VII Rule 14 (3) mandates that: "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 annexed to the plaint but is not produced or entered accordingly, shall not without the leave o