IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1083 of 2009 Ram Sharan Pandey son late Mukur Pandey resident of Village Pandey Tola PS Malsahi Dist. West Champaran Defendant-petitioner Versus 1. Chairman cum Managing Director, Bihar Food and Civil Supply Corporation Ltd. Patna through the District Manager, Bihar Food and Civil Supply Corporation Ltd. PS Bettiah Dist. West Champaran Plaintiff- Opposite Ist party 2. Majhaulia Vyapar Mandal Sahyog Samiti Ltd, PS Majhanulia Dist. West Champaran through Ram Kinkar Prasad its Manager PS Majhanulia Dist. West Champaran 3. M.S. Hasmi, Ex-Manager, Vyapar Mandal Sahyog Samiti Ltd Majhaulia through Registrar Co-operative Committee, Bihar, Patna 4. Satyanarain Singh Ex-Manager, Vyapar Mandal Sahyog Samiti Ltd Majhanulia Dist. West Champaran through District Cooperative Officer, Ranchi, Dist. Ranchi (Jharkhand) Defendants-opposite 2nd parties ---------- For the petitioner: Mr Siya Ram Sahi, Advocate -------------- 03/ 14.12.2009 Heard learned counsel for the petitioner. This civil revision is being heard at this stage at the instance of learned counsel for the petitioner. 2. This civil revision has been filed by defendant no.3- petitioner challenging order dated 26.05.2009 by which learned Subordinate Judge III, West Champaran rejected his application filed for directing the parties concerned to produce the original agreement dated 28.08.1980 in Money Suit no. 08 of 1991. 3. The aforesaid suit was filed by the plaintiff- opposite party no.1 for a decree of Ra 6,97,992/- in favour of the plaintiff against the defendants and for realization of the said amount with interest pendente lite . The said suit was contested by the defendants including the petitioner whereafter issues were framed and evidence were led by the parties which - 2 - were concluded and closed and thereafter argument started and substantially advanced. 4. It transpires that only thereafter defendant no.3- petitioner filed the aforesaid application on 04.12.2007 for calling for the agreement in question dated 28.08.1980 and the letter of the authority dated 14.09.1990. The said application of defendant no.3- petitioner was contested by the plaintiff-opposite party no.1 vide his rejoinder dated 17.12.2007. However, the said application of defendant no.3- petitioner has been rejected by the learned court below vide its order dated 26.05.2009 against which the instant civil revision has been filed. 5. Although learned counsel for the petitioner vehemently challenges the aforesaid order of the learned court below but it is quite clear that he was aware of the said agreement dated 28.08.1980 since before but he did not raise any such question either at the time of framing of the issues or at the time of leading of evidence by the parties. Hence the learned court below appears to be quite justified in coming to the conclusion that the said application is belated one and is filed merely to delay the disposal of the suit. 6. In the said circumstances, this Court does not find any illegality in the impugned order of the learned court below nor does it find any jurisdictional error therein. Accordingly, this civil revision is dismissed. shahid (S.N.Hussain, J)