Order 9

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 11
CS No. 225/23
AJAY KUMAR Vs. SHEKHAR PURI AND ORS.
16.03.2024
Present : Sh. S. K. Sinha and Sh. Manish Kumar, Ld. Counsel
for the plaintiff alongwith plaintiff.
Ms. Rishita Rawat, Ld. Counsel for the defendants
no.1 and 2.
Sh. Surendra Pal Singh, Ld. Counsel for defendant
no.3.
After LDOH, an application under Order VII Rule
14 CPC is filed on behalf of the plaintiff on 12.03.2024. Copy
already supplied.
Arguments on application under Order VII Rule 14
r/w Section 151 CPC heard.
Ld. Counsel for plaintiff submits that inadvertently
the plaintiff could not file the documents i.e. copy of registration
certificate of GST, copy of medical treatment and copy of
chargesheet of FIR no. 262/18 at the time of filing of the suit,
however, the said documents have reference in the plaint. It is
prayed that the abovesaid documents may be taken on record.
Ld. Counsel for defendant no.3 opposed the
application of plaintiff and submitted that by filing this
application, the plaintiff is trying to delay the proceedings and to
fill up lacuna in his case.
Submissions heard and considered. Record perused.
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CS No. 225/23
..2..
In view of submissions and the fact that no prejudice
shall be caused to the defendants, if said documents are taken on
record and defendants shall have ample opportunities to cross-
examine the plaintiff’s witnesses on these documents. Further,
there is reference of these documents in the paragraphs no.2, 10
and 11 of the plaint. Therefore, in the interest of justice,
application under Order VII Rule 14 r/w Section 151 CPC
stands allowed subject to a cost of Rs.1,000/- to be deposited in
the account of BAR COUNCIL OF DELHI INDIGENT &
DISABLED LAWYERS account having A/c No.
010104000183451, IFSC code IKBL0000010 in IDBI Bank,
Sirifort Branch, New Delhi. Receipt of the same be filed on
NDOH. Additional documents as mentioned in the application
are taken on record.
Ld. Counsel for the plaintiff has placed on record
certified copies of documents i.e. complaint dated 19.03.2018,
chargesheet of FIR No. 262/18, HDFC Bank account statement
including Bank of Baroda statement, Punjab National Bank
account statement of plaintiff, legal notice dated 26.07.2022,
postal receipts and returned envelops and submits that copy of
the said documents has already been filed on record. Ld. Counsel
for the plaintiff requests that the certified copy of said documents
may be taken on record.
Submissions heard. Record perused.
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CS No. 225/23
..3..
In view of fact that copies of the certified documents
are already on record, the certified copies of said documents are
hereby taken on record.
PW-1 Sh. Ajay Kumar is examined in chief. His
cross-examination is deferred for the reason mentioned in the
testimony.
Put up for cross-examination of PW-1/ PE on
09.05.2024.
(SOMITRA KUMAR)
ADJ-06, EAST/ KKD COURTS
DELHI/16.03.2024 (R)
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