RAJESH SHANKAR,J. - (1.) The present writ petition has been filed for quashing of order dated 18.05.2006, passed in M.S. No. 5 of 2003 by learned Sub Judge-I, Deoghar, whereby the petition filed by the petitioner under Section 114 of the Code of Civil Procedure (hereinafter referred as C.P.C.) and Order 47 read with Section 151 of the C.P.C. for exhibiting a document has been rejected.
(2.) The factual matrix of the case is that the plaintiff/petitioner filed a money suit being M.S. No. 5 of 2003 seeking a decree for recovery of Rs. 2.5 lacs with interest and in alternative, a decree for payment of compensation for damages caused to the petitioner, due to malafide act of the defendants/respondents. In the said suit, the petitioner filed an application under Section 114 and Order 47 read with Section 151 of the C.P.C. for exhibiting a document, but the same was rejected by the court below vide order dated 08.08.2005 observing inter alia that the law does not permit either of the parties to file document at belated stage and the documents mentioned in the list while presenting the plaint can only be taken into evidence.
(3.) Learned counsel for the petitioner submits that the petitioner had not prayed for exhibiting any document which had not come in evidence during the trial, rather, the said document had already been proved in the deposition of P.W. 1 namely Pinaki Chakraborty, but due to inadvertence, the same was not marked as exhibit. It is further submitted that it is settled principle of law that if any document is already on record and the same was not marked due to inadvertence, said mistake is curable in nature and can be rectified at any stage of suit proceeding. Learned counsel further submits that the petitioner will suffer serious prejudice as well as irreparable loss, if the said document is not marked due to mistake. Learned counsel for the petitioner by referring to the provisions contained in Order 7, Rule 14 (3) of C.P.C. submits that there is specific provision in the Code itself that even if the document has not been filed at the time of presentation of the plaint, the court may permit the presentation of the same at the later stage.;