CMPMO 94 of 2003 5.5.2009 Present: Shri Ramakant Sharma, Advocate, for the petitioners. Shri G.D. Verma, Sr. Advocate with Shri B.C. Verma,Advocate, for the respondent. The petitioner herein is aggrieved by the order passed by the learned Trial Court rejecting the application under Order 8 Rule 1-A of the Code of Civil Procedure in proceedings under Order 39 Rule 2A of the Code of Civil Procedure which were instituted against him. The only reason why the application was rejected is the late production of documents. True that delay is a factor to be considered rejection of such applications and that the litigant should always be vigilant in purusing the remedy available to him. However, at the same time, delay cannot be used as the only ground to refuse permission. I do not find any justification in the reasoning given by the trial Court in rejecting the prayer made by the petitioner. The document sought to be produced is nothing else but a notice issued by the Himachal Pradesh State Electricity Board to the petitioner. Learned Court below should have realized that the mere placing on record of this document would not constitute sufficient proof unless the document is proved in accordance with law. In such a situation an opportunity should have been granted to the petitioner to place on record the document(s) and to the respondent to lead such other or further evidence oral or documentary in response to the documents filed by the petitioner. In these circumstances, this petition is allowed and the order challenged is quashed andset aside. This order, of course, will be subject to the rider that in case the suit as well as the application already stands disposed of and the litigation has successfully terminated in favour of the petitioner, in that event the petitioner herein would have no grievance and the exercise -2- undertaken will be academic in nature. However, in case the result of the case goes against the petitioner, he would be at liberty to urge the grounds as taken in this petition in appeal or other proceedings. There shall be no order as to costs. May 05, 2009(ms) (Dev Darshan Sud), J.