IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.71 of 2007 SK.FARZUDDIN @ MD.FARZUDDIN & ORS. Versus MD.MANZOOR ALAM & ORS. ----------- 02. 02.05.2008 This civil revision has been filed on behalf of defendants- petitioners challenging order dated 01.11.2006 by which the learned Subordinate Judge-I, Araria, rejected their prayer for exhibiting the rent receipts in Title Suit No. 20 of 2001. The aforesaid suit was filed by the plaintiffs-opposite parties for partition of the suit properties and other ancillary reliefs. The defendants-petitioners appeared in the suit whereafter issues were framed, evidences were started, evidence of the plaintiffs-opposite parties was completed and closed as far back as in the year 2005 and thereafter the suit was fixed for evidence of the defendants-petitioners on 04.10.2005 during which period they examined eleven witnesses and the last witness had deposed on 10.08.2006. Only thereafter, the aforesaid petition was filed by the defendants-petitioners on 22.08.2006 for exhibiting some documents which were obtained on 12.08.2002 during the pendency of the suit but were not produced in the court on an earlier occasion for about four years. Even the statements made in the said petition were not properly verified and affidavited by defendants-petitioners in accordance with law. Furthermore, from the amended provision of the Code of Civil Procedure, it is quite apparent that the defendants are duty bound to disclose the documents which they want to produce at the time of presenting of their written statement but neither the said - 2 - provision was followed nor the list of documents was filed even after hearing of the suit or even at the time when their evidences were started. In the aforesaid facts and circumstances, this court does not find any illegality or jurisdictional error in the impugned order of the learned court below and accordingly, this civil revision is dismissed. harish (S.N. Hussain, J.)