Plaintiff Cannot Insist Exhibit-Removal Pleas Be Decided Before Final Arguments, Gujarat HC Says

The petitioner, plaintiff in Special Civil Suit No. 933 of 2010, sought under Article 227 of the Constitution a direction requiring the trial court to decide applications at Exhibits 622 and 624—seeking to de-exhibit documents tendered by the opposing parties—before hearing final arguments.

The documents had earlier been exhibited subject to proof.

The applications remained pending as the suit reached the final-arguments stage.

The petitioner also obtained permission to correct the suit-filing date stated in the petition.

Order XIII Rule 3 of the Code of Civil Procedure permits a court to reject an irrelevant or inadmissible document, but the timing of the exercise of that discretion is for the trial court; a party cannot insist that it be exercised before final arguments.

Relying on Javer Chand v. Pukhraj Surana, AIR 1961 SC 1655, the Court stated that, once a document has been admitted in evidence and the trial has proceeded on that footing, the admission order cannot ordinarily be reopened by the trial court or a superior court.

The Court also considered S. Sangeetha & Ors. v. TMT P. Ponni, 2026 AIR (SC) 3723, but held it inapplicable.

The Court noted that the documents had been exhibited subject to proof and that both de-exhibition applications remained pending.

It held that the petitioner could not insist that those applications be determined before final arguments: the timing of any decision under Order XIII Rule 3 was within the trial court’s discretion, and “at any stage” could include final hearing or judgment.

The Court further considered it appropriate for the trial court to address the applications while finally adjudicating the suit, without being influenced by the High Court’s observations.

It observed that the trial court should decide the issues raised in the applications in accordance with law while finally adjudicating the suit, and ordered no costs.