Late Production of Documents -- Mere Delay in Filing -- Not by itself a ground for rejection absent irreparable prejudice
(i) Civil Procedure Code, 1908, O.8 R.1-A(3) -- Late Production of Documents -- Mere Delay in Filing -- Mere delay in filing documents cannot by itself be a ground to reject the application, particularly where the suit is still pending and no irreparable prejudice is shown to the other side. (ii) Civil Procedure Code, 1908, O.8 R.1-A(3) -- Late Production of Documents -- Stage of Receiving Document -- At the stage of receiving a document, the Court is not required to examine its evidentiary value. Objections as to admissibility and proof can be considered at the appropriate stage during trial. (iii) Civil Procedure Code, 1908, O.8 R.1-A(3) -- Late Production of Documents -- Document Misplaced and Subsequently Traced -- Where the reason assigned for non-production at an earlier stage is that the document was misplaced and subsequently traced, such explanation, though not elaborate, cannot be rejected mechanically, particularly where the document is relevant to the issue and refusal to receive it would seriously prejudice the right of a party to defend the suit.
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