J.V. Gupta, J. - (1.) This revision petition is directed against the order of the trial Court dated 24th November, 1987, whereby the application filed under Order XVIII rule 17 A, Code of Civil Procedure, (hereinafter called the Code), by the plaintiff Arya Pratinidhi Sabha, Haryana was dismissed.
(2.) By virtue of the said application, the said plaintiff wanted to produce on the record copy of the original resolution dated 14th September, 1975, which was lying with the Sarvadeshik Arya Pritinidhi Sabha, Delhi. According to the plaintiff, the same could not be produced earlier as it was not to their knowledge. That application was resisted on behalf of the defendant on the ground that earlier, his application for leading secondary evidence for the said resolution had already been dismissed and, therefore, the application was not maintainable. Moreover, the plaintiffs evidence was closed by Court order and, therefore, no application under Order XVIII rule 17-A of the Code as such was competent. The learned trial Court dismissed the application vide impugned order dated 24th November, 1987, on the ground that the plaintiff had failed to satisfy the Court whether he was not having the knowledge of that resolution before the filing of the application.
(3.) After hearing the learned counsel for the parties, I am of the considered opinion that for proper determination of the dispute between the parties, the production of the said resolution is necessary. Even if the plaintiff was negligent earlier, he could be burdened with costs. Moveover, according to the plaintiff, if was not to his knowledge earlier that the authentic copy of the said resolution was lying with the Sarvadeshik Arya Pritinidhi Sabha at Delhi. Thus, on the facts and circumstances of the case, the plaintiff is allowed to produce on the record the said resolution after summoning the same from the Sarvadeshik Arya Pritinidhi Sabha, on payment of Rs. 100/- as costs. Since further proceedings in the trial Court were stayed by this Court at the time of the motion hearing on 6th May, 1988, the parties are directed to appear before the trial Court on 1st March, 1989. This revision petition is disposed of accordingly. Orders accordingly.;