CMPMO No. 581 of 2009 22.2.2010 Present:- Mr. Ajay Sharma, counsel for the petitioners. Mr. Ashwani K. Sharma, counsel for respondents No.1, 2 & 14. Mr. Debinder Ghosh, counsel for respondents No. 3 & 4. This is a petition under Article 227 of the Constitution of India for setting aside order dated 10.9.2009 passed by learned Civil Judge (Jr. Division) Court No.III, Hamirpur in CMA No. 100 of 2009 rejecting the application of the petitioners for permission to file and tender in evidence alleged agreement dated 18.12.1967 and compromise dated 9.7.1984 on the grounds that petitioners came to know about the said documents recently prior to filing of the application. The application was opposed by the respondents/plaintiffs on the ground that the documents are meaningless. The learned Civil Judge has rejected the application mainly on the grounds that issues were framed on 10.1.2007 and documents were not relied. The documents have not been rejected on relevancy. The evidentiary value of the aforesaid documents will be considered at the time of appreciation of the evidence, if the documents are proved. The petitioners in paragraph 3 of the application have given the reasons for not filing the documents earlier. It has been stated by the learned counsel for the petitioners that the evidence of the petitioners has not yet started. I am satisfied that the petitioners have given sufficient reasons in the application for not filing the documents at the time of filing of the written statement. - 2 Taking into consideration substantial rights of the parties, the application is allowed. The aforesaid documents dated 18.12.1967 and 9.7.1984 are allowed to be taken on record. The order dated 10.9.2009 passed by the learned Civil Judge (Jr.Division) Court No.III, Hamirpur in CMA No. 100 of 2009 is accordingly set-aside. The parties through their counsel are directed to appear before the learned Civil Judge (Jr.Division) Court No.III, Hamirpur on 16.3.2010. The record be sent immediately to the trial Court so as to reach before the date fixed. CMP No. 811 of 2009 Infructuous in view of disposal of the main petition. Interim order dated 12.10.2009 stands vacated. February 22, 2010. ( Kuldip Singh ) (GR) Judge.