IN THE SUPREME COURT OF INDIA         CIVIL APPELLATE JURISDICTION

       CIVIL APPEAL NO.2330 OF  2009

            [Arising out of SLP(C)No.17249 of 2008]

   KAPIL KUMAR SHARMA                                               

...   Appellant(s)

                     Versus    

LALIT KUMAR SHARMA & ANR.      ...  Respondent(s)   

WITH  CIVIL APPEAL NO.2331    OF 2009

[Arising out of SLP(C)No.17250 of 2008]

O R D E R

Leave granted.

These  appeals  are  directed  against  the  judgment  and  order  dated  6th  

November, 2007 passed by the Division Bench of the Delhi High Court against the  

common  order  passed  in  FAO(OS)No.443-444  of  2007.   The  said  appeals  were  

directed against the order dated 23rd July, 2007, passed by the learned Single Judge,  

dismissing the appellant's application, under Order 7 Rule  14,  CPC,  seeking   leave  

to file additional documents in Probate Case No. 40 of  1999 and  Civil  Suit No.  

1632  of  1996.    The   learned  Single   Judge  by   his      said   order   dismissed   the  

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application and the said order was upheld by the Division Bench seemingly on the

ground that  the  matters  were  ready  for  hearing  and  were  at  the  stage  of  cross  

examination and, accordingly, such prayer could not be granted.   

Having heard learned counsel  for  the  respective  parties,  we are unable  to  

agree with the decision of the Division Bench as also the Single Bench as we have  been  informed  that  the  cross-examination  has  not  yet  commenced.   In  such  a  

situation, we see no reason for debarring the appellant from filing the additional  documents in support of his claim.

We accordingly, allow the appeals and set aside the orders passed, both by the  Division Bench as also the Single Bench and allow the appellant's application under  

Order  7,  Rule  14  CPC  and  direct  that  the  additional  documents  filed  by  the  appellant be taken up for consideration subject to proof thereof.

The appeals are accordingly allowed.   There will be no order as to costs.  

              ....................J.

                         (ALTAMAS KABIR)   

                  ....................J.                              (B.SUDERSHAN REDDY)  

New Delhi, April 09, 2009.