Whether production of documents can allowed even at the stage of final argument?

 It has been held by the supreme Court in the case of Billa Jagan Mohan Reddy & Anr. v. Billa Sanjeeva Reddy & Ors., MANU/SC/0748/1994 : (1994) 4 SCC 659, that even at the stage of final arguments unimpeachable documents can be allowed to be filed. In the present case, surely counterfoils of the deposit slips of the defendant/respondent No. 1 bank are unimpeachable documents and they can be allowed to be filed and proved in view of the ratio of the judgment of the Supreme Court in the case of Billa Jagan Mohan Reddy (supra).

IN THE HIGH COURT OF DELHI

C.M. (M) No. 1072/2011 and C.M. No. 6284 of 2012

Decided On: 29.10.2014

Appellants: Tola Ram & Sons
Vs.
Respondent: State Bank of India

Hon'ble Judges/Coram:Valmiki J. Mehta, J.

 Citation: 215(2014)DLT5

1. This petition under Article 227 of the Constitution of India impugns the order of the trial Court dated 20.5.2011 by which the trial Court allowed the application of the petitioner/plaintiff in a limited manner i.e. allowed certain evidence to be led on behalf of the petitioner/plaintiff but rejected, the prayer for the other evidence. Before me, Counsel for the petitioner confines the relief to leading of evidence of only one witness namely Sh. V.N. Sehgal to prove the original of the counterfoils of the deposit slips issued by the defendant/respondent No. 1-bank itself.

2. It has been held by the supreme Court in the case of Billa Jagan Mohan Reddy & Anr. v. Billa Sanjeeva Reddy & Ors., MANU/SC/0748/1994 : (1994) 4 SCC 659, that even at the stage of final arguments unimpeachable documents can be allowed to be filed. In the present case, surely counterfoils of the deposit slips of the defendant/respondent No. 1 bank are unimpeachable documents and they can be allowed to be filed and proved in view of the ratio of the judgment of the Supreme Court in the case of Billa Jagan Mohan Reddy (supra).

3. Accordingly, this petition is allowed by allowing the petitioner/plaintiff to file the original counterfoils of the deposit slips and to lead evidence of one witness namely Sh. V.N. Sehgal to prove the original of the counterfoils of the deposit slips by which deposits were made by the petitioner/plaintiff with the defendant/respondent No. 1 bank. If the defendant/respondent No. 1 bank wants to lead evidence to rebut the evidence which is now being allowed to be led by the petitioner/plaintiff. the defend ant/respondent No. 1 bank can do so and for which liberty is accordingly granted. Appeal is accordingly allowed and disposed of in terms of aforesaid observations, leaving the parties to bear their own costs.

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