Interim Order 11

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 15CS (COMM)1585/23
NARINDER SINGH Vs. R.R. AGENCIES
09.07.2024
Present: Sh. Vipin Wason, Ld. Counsel for plaintiff
through VC.
Sh. K.K Sharma, Ld. Counsel for defendant.
Vide order dated 28.05.2024 the application U/O 9
Rule 7 CPC of defendant was dismissed and request of
defendant to contest the case on merits was declined, though the
defendant was permitted to join the proceedings without filing of
the written statement and without raising the defence on merits.
An application U/S 151 CPC of plaintiff seeking
withdrawal of the previous affidavit of plaintiff filed by way of
evidence with liberty to file a fresh affidavit is pending on
record. Arguments heard on this application.
It is observed on perusal of above said application
and on hearing submissions made by Ld. Counsel for plaintiff
in support of the same that the only ground on which the plaintiff
wants to withdraw the previous affidavit and to file a fresh
affidavit is that one certificate U/S 65B of The Indian Evidence
Act, 1872 of plaintiff in respect of certain documents is to be
tendered in evidence through the fresh affidavit as it could not
be tendered and exhibited in the previous affidavit.
In considered opinion of this court, there is no need
of withdrawal of the previous evidence affidavit dated
24.04.2024 of the plaintiff or for filing of a fresh affidavit in lieu
thereof and since the evidence of plaintiff is yet to be lead, the
above certificate can be tendered in evidence of plaintiff during
-- 1 of 2 --
-2-
recording the his statement or through an additional affidavit to
the said effect, as may be felt necessary and convenient by the
plaintiff and his counsel.
In view of above observations, the application U/S
151 CPC of plaintiff stands disposed off giving liberty to the
plaintiff to bring the above certificate U/S 65B of The Indian
Evidence Act in evidence through either of the above modes.
List the matter now on 08.08.2024 for evidence of
plaintiff. The advance copies of affidavit(s) of PWs be supplied
to Ld. Counsel for defendant.
(M. K. Nagpal)
District Judge, Commercial Court-13
Central District, Tis Hazari Courts,
Delhi/09.07.2024(mb)
-- 2 of 2 --