Code of Civil Procedure, 1908–Order 7, Rule 14(3) r/w. Sec. 151–Rejection of application–Appreciation of–Observation of Trial Court that the subject documents were already in existence and could have been produced by the plaintiff earlier as well and the application has been filed with the mala fide intention to delay the trial–Earlier, the application under Order 7, Rule 14(3) was allowed and petitioner was allowed to produce the rebuttal evidence in response of application of defendant under Order 8, Rule 1, however, these documents were not filed–The defendant did not file any other application under Order 8, Rule 1A(3) giving rise to an occasion to the plaintiff to submit the instant application–Held, application was rightly rejected.
