IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.597 of 2009 BALDEV SAHU @ BALDEV SAH & ANR Versus RAJ KUMAR SAH & ORS ----------- 02 20.04.2009 Heard learned counsel for the petitioner. This revision application has been filed by the petitioner against the order dated 05.03.2009 passed by the Munsif, Jhanjharpur in T.S. No.31 of 1993 by which the learned court-below has rejected the petition of the defendant-petitioners for marking some documents as exhibits which the defendants claimed to be public documents. Learned court-below has found that the evidence of the plaintiffs was closed on 10th January, 2007 whereas the documents were filed by the defendants on 28th March 2007 i.e., much after close of evidence of plaintiff. Therefore the learned court below has rejected the petition of the defendants. This Court does not find any error in the order of the learned court below, as apparently, the plaintiffs cannot be taken by surprise by new documents filed by the defendants after close of the evidence. Since the suit is of 1993 it is also not proper to let the case of the plaintiffs be opened on account of laches on the part of defendants. However, learned counsel for the petitioner submits that the plaintiff had knowledge of the document and in their pleading also they have mentioned about the same. He also 2 submits that in their evidence also, the defendants referred to those documents which are nothing else but orders of different courts in dispute between the same parties. In view of the submission of the learned counsel for the petitioner, in this case the learned court below will be at liberty to satisfy itself that the plaintiff had the knowledge of those documents from before and the documents are, in fact, certified copies of the orders of the different courts in proceedings between the parties and then shall consider whether in the ends of justice the same is required to be considered at the time of hearing of the suit or not. This revision application is, accordingly, disposed of. Jay/ ( J.N. Singh, J. )