- (1.) This petition has arisen out of the order dated 21.7.2010 passed by the Additional Civil Judge (Senior Division), Safidon, dismissing the application of the plaintiff- petitioner for leading additional evidence by way of production of rokar and nakal bahi for the years 2001-02 and 2002- 03, maintained by him as part of three bahi accounts through Ashok Kumar proprietor of the firm by way of additional evidence.
(2.) The factual background of the case is that the plaintiff had filed a suit for recovery of Rs.5,26,405/- against the defendants on account of purchase of paddy from the plaintiff firm and non payment of the price thereof. It has been specifically pleaded by the plaintiff- petitioner that he maintains the regular accounts though he had produced the Form-I and the lodger containing the entries, yet, he could not produce the account books i.e. rokar and nakal bahi due to inadvertence, but the same are necessary documents as such he has sought to produce the same by way of additional evidence by examining Ashok Kumar.
(3.) The defendants contested the application by filing reply and stated that the case is lingering on for the last seven years and the application has been filed just to delay the proceedings. Arguments heard.;