CMPMO 738 of 2008. 6.4.2009 Present: Mr. Ajay Kumar, counsel for the petitioner. Mr. Ajay Mohan Goel, counsel for the respondent. This petition has been preferred by the defendant against the order passed by the learned Civil Judge (Junior Division), Court No. 2, Rohru in an application moved by the defendant under Order 8 Rule 1 A (3) of the Code of Civil Procedure praying for placing on record additional documents. The application is very hastily drafted. The only thing decipherable with clarity is that two documents which are in Urdu were kept in the cupboard of one Gulab Singh, which fact was not known to the petitioner. The application was resisted by the plaintiff and the learned trial Court rejected the prayer on the ground that it is a settled proposition of law that no evidence beyond pleadings can be allowed. It is trite that mere production of the documents will not by itself constitute proof of the facts as stated therein. The document(s) has to be proved in accordance with law. It may also be noticed that the application is so terse that it hardly conveys the true purport as to why the document is required. But at the same time, I am also alive to the fact that these kind of loose pleadings cannot be used as a means for depriving the -2- petitioner /applicant of an opportunity to lead that evidence which is otherwise relevant for the purpose of proving his/ her case. Without entering into controversy any further, I allow this petition subject to the condition that the petitioner herein shall pay Rs.1100/- as costs to the respondent on the first date of appearance before the learned trial Court which is fixed for 15.5.2009. It is clarified that in case of non payment of the cost, this petition shall be deemed to have been dismissed and the order of the trial Court shall revive. This order shall not be interpreted to mean that this Court is deciding on the relevancy of the evidence sought to be produced which shall be decided independently on its own merits. The petition is disposed of in terms of the order as aforesaid. There shall be no order as to costs. The trial Court shall grant an opportunity to the respondents to lead such evidence both oral and documentary in rebuttal to what is being produced by the petitioner herein. Pending application(s) shall stand disposed of. April 6, 2009 (PC). (Dev Darshan Sud), J.