IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1664 of 2008 VIJAYJEE SAH @ VIJAY PRASAD SAH Versus JAWAHAR SAH & ORS ----------- 2 1.10.2008 Heard Counsel for the plaintiff-petitioner. When the document in question, the sale deed dated 2.6.1944, was referred to in paragraph no.3 of the plaint and its existence was not disputed by the defendants in paragraph no.11 of the written statement, normally the Court below ought to have allowed the prayer of the petitioner for bringing that document (sale deed dated 2.6.1944) on record by way of exhibit in evidence. It is true that said document was one of the main document and ought to have been filed by the plaintiff at the time of the filing of the suit by way of compliance of the provision of Order VII Rule 14 C.P.C. or at least at the time of framing of the issue under Order XIII Rule 1 C.P.C. However in view of the fact that the said document was filed in Court before framing of the issues, the inadvertent error on the part of the plaintiff-petitioner in not providing the said document in evidence was definitely condonable even if it amounted to certain inconvenience to the contesting defendants. Such convenience to them in fact could have been also compensated by imposing a cost on the plaintiff. 2 This Court accordingly would give one opportunity to the plaintiff-petitioner to adduce the aforementioned document, the sale deed dated 2.6.1944 into evidence but keeping in to account such delay would be of more than five years from the date the plaintiff had closed their evidence i.e. on 25.8.2003, the plaintiff must compensate for such harassment which has been or would be caused to the defendants-opposite parties. For this purpose, the plaintiff, petitioner is directed to pay a cost of Rs. 5,000/- within a period of one month from the date of receipt/production of a copy of this order which would be condition precedent for exhibiting such document in to evidence by the petitioner. With the aforementioned observations and directions, this civil revision application is allowed. Rsh (Mihir Kumar Jha, J.)