IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CMP MO No. 96 of 2008 Date of decision July 10, 2008. __________________________________________________________ Mitto Devi ….Appellant Versus Karam Singh ….Respondent _________________________________________________________ Coram The Hon’ble Mr. Justice Dev Darshan Sud, J. Whether approved for reporting?1 CMP MO No. 96 of 2008 For the Petitioners : Shri Baldev Singh, Advocate. For the Respondent No.2: Shri N.K. Thakur, Advocate __________________________________________________________ Dev Darshan Sud, J. This is the plaintiff’s petition against the order passed by learned Civil Judge (Jr. Division), Amb, District Una in an application moved by plaintiff/applicant under Order 7 Rule 14 (3) of the Code of Civil Procedure to produce the original sale deed dated 26.5.1952. The learned Trial Court dismissed the application on the ground that the sale deed was neither entered in the list of documents filed or list of reliance Learned Court held that the suit was fixed for rebuttal evidence of plaintiff and that the document in question had no relevance to the controversy pending for adjudication. I have heard learned counsel for parties. Learned counsel Shri N.K. Thakur has opposed the application on the ground that plaintiff is deliberately delaying the case. He submits that the petitioner has moved numerous 1 Whether reports of Local Papers may be allowed to see the judgment? 2 applications which were all frivolous and have been rejected as such by learned trial Court as such. The evidentiary value of the document will be considered after its production and proof on record and it cannot be pre-judged at the stage of tendering the document for proof in accordance with law. There is substance in the submissions made by learned counsel appearing for respondent. However, the necessity of doing complete justice between the parties has persuaded me to allow this application and one last opportunity to the applicant/petitioner herein to produce the documents prayed for by him in his application as submitted before the learned trial Court. It is clarified that such production and proof of the document (s) would be subject to the petitioner paying Rs. 5000/- as costs to the respondent herein. The parties will appear before learned Trial Court on 7.8.2008. The costs shall be paid on that day and in case it is not paid, in that event, this petition will be deemed to have been dismissed and the order challenged closing the right of petitioner herein to file document(s) shall stand closed. However, a direction is issued that this is the last opportunity granted to the petitioner and no further application shall be entertained. The learned Trial Court shall proceed with the case with due expedition. July 10, 2008 (Dev Darshan Sud) (ms) Judge