Order 8

Order Details: COPY OF JUDICIAL PROCEEDINGS
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26 CS SCJ 204/23
PAWAN JAIN Vs. SUNIL KUMAR CHAWLA
08.07.2024
Present: Sh. Ntin Arora, Ld. Counsel for plaintiff.
Sh. Sachin Kumar Bansal, Ld. Counsel for defendant.
The matter is listed for arguments on the application under
Order 7 Rule 14 CPC r/w Section 151 CPC.
Reply has been filed on behalf of defendant to the
application under Order 7 Rule 14 CPC r/w Section 151 CPC. Same is
taken on record. Copy supplied.
Ld. Counsel for plaintiff submits that inadvertently certain
documents i.e. the photocopies of the carbon copies of the invoices
issued by plaintiff to defendant could not be filed by the plaintiff along
with the plaint and prays that the said additional documents filed along
with the application under Order 7 Rule 14 CPC r/w Section 151 CPC
be taken on record. Ld. Counsel for plaintiff further submits that the
copies of the said invoices sought to be filed by the plaintiff have also
been filed by the defendant along with the written statement.
Ld. Counsel for defendant has opposed the application and
had argued that the said documents sought to be filed by the plaintiff are
totally different from the invoices already filed by the plaintiff along
with the plaint.
Arguments heard on the application filed on behalf of
plaintiff under Order 7 Rule 14 CPC r/w Section 151 CPC.
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In the considered opinion of this court, no prejudice would
be caused to the defendant if the said documents are brought on record
as the defendant would have an opportunity to cross-examine the
plaintiff with respect to the said documents.
Accordingly, the application filed on behalf of plaintiff
under Order 7 Rule 14 r/w Section 151 CPC is allowed and the said
documents as filed along with the said application are taken on record,
subject to cost of Rs. 1000/- to be paid by plaintiff to defendant.
Put up for PE on 21.10.2024.
(Umang Joshi)
Civil Judge-04, Central,
Tis Hazari Courts, Delhi
08.07.2024
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