Khem Singh v. Dila Ram, 2026
The judgment reinforces the strict requirement of due diligence in civil procedure, particularly under Order VIII Rule 1-A CPC.
Judgement Details
Court
Himachal Pradesh High Court
Date of Decision
4 May 2026
Judges
Justice Romesh Verma
Citation
Acts / Provisions
Facts of the Case
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A civil suit was instituted in 2015 by the plaintiff seeking declaration, possession, confirmation of joint possession, injunction, and consequential relief concerning disputed land.
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The plaintiff alleged that revenue records had been illegally tampered with, resulting in the wrongful substitution of the name of the original tenant in mutation entries.
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The defendant contested the suit, and the matter proceeded through trial where both parties led oral and documentary evidence.
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After the closure of evidence, and at the stage of final arguments, the defendant filed an application under Order VIII Rule 1-A CPC seeking permission to place on record certified copies of Jamabandi (1973–74) and mutation orders.
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The plaintiff opposed the application, arguing that it was filed only to delay the proceedings and prolong the trial.
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The trial court rejected the application on the ground that the defendant had failed to show due diligence in producing the documents earlier.
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The defendant then challenged the order before the High Court.
Issues
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Whether the defendant can be permitted to produce certified copies of Jamabandi and mutation records at the stage of final arguments after closure of evidence?
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Whether failure to produce public documents at the written statement stage or during trial amounts to lack of due diligence under Order VIII Rule 1-A CPC?
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Whether allowing such late production of documents would cause delay and prejudice to the plaintiff’s case?
Judgement
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The Court held that the documents sought to be introduced were certified copies of Jamabandi and mutation records, which are public documents and are presumed to be within the knowledge of the party.
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The Court observed that the defendant failed to provide any satisfactory explanation for not producing these documents at the earlier stage of proceedings.
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It was noted that the application did not disclose any circumstance preventing the defendant from filing the documents at the time of filing the written statement or during evidence.
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The Court emphasized that the requirement of due diligence is mandatory under procedural law and cannot be ignored at a belated stage.
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It was held that allowing such documents at the stage of final arguments would result in unnecessary delay and disrupt the progress of the trial.
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The Court agreed with the trial court’s reasoning that the application was an attempt to prolong litigation.
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The High Court therefore upheld the rejection of the application under Order VIII Rule 1-A CPC.
Held
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The Court held that belated production of documents without due diligence cannot be permitted, especially when the documents are public in nature.
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It was held that the trial court rightly rejected the application seeking to introduce additional evidence at the stage of final arguments.
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The petition was accordingly dismissed, and the order of the trial court was upheld.
Analysis
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The judgment reinforces the strict requirement of due diligence in civil procedure, particularly under Order VIII Rule 1-A CPC.
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It clarifies that public documents such as Jamabandi and mutation records are presumed to be within the knowledge of litigating parties.
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The decision prevents abuse of process by discouraging parties from introducing evidence at advanced stages of trial to delay proceedings.
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It strengthens procedural discipline by ensuring that parties disclose all relevant documents at the earliest possible stage.
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The ruling supports the principle of finality of evidence and judicial efficiency, avoiding unnecessary prolongation of litigation.
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It also affirms that courts will not permit procedural flexibility where it results in prejudice to the opposing party or disruption of trial fairness.