Order 10

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 20
CS 283/23
ASHOK KUMAR SHARMA Vs. SAHEB @ SAHAI KUMAR GUPTA
16.12.2024
Present : Sh. Munish Chhokar, Ld. Counsel for the plaintiff.
Sh. Sumit Kumar Rana, Ld. Counsel for the defendant with
defendant.
Matter is fixed for reply/arguments on application under Order
VII Rule 14 r/w Section 151 CPC.
Ld. Counsel for the defendant submits that he does not wish to
file reply to the said application and will argue straightway.
Arguments heard by both the parties.
By way of the present application, it is submitted that
inadvertently plaintiff could not file death certificate of his father on record
as well as certified copy of undertaking given by the defendant to the police
dated 24.01.2012 at the time of tendering his evidence; that the said
undertaking goes to the route of the merit of the present case and illegal acts
done by defendant; that the aforesaid documents are just and essential for
complete and effective adjudication of the case. Therefore, it prays that the
present application may be allowed.
Ld. Counsel for the defendant opposes the present application
stating that the said documents are not relevant for adjudication of the
present suit.
Submissions heard and record perused.
Perusal of the documents which the plaintiff seeks to file on
record shows that the aforesaid documents appear to be relevant and
necessary for just adjudication of the present case. Further, no prejudice
shall be caused to the defendant, if the said documents are taken on record
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and defendant shall have ample opportunities to cross-examine the
plaintiff’s witnesses. Therefore, in the interest of justice, the present
application stands allowed subject to cost of Rs.2000/- to be paid to the
defendant. Additional documents i.e. death certificate of father of plaintiff
and certified copy of undertaking dated 24.01.2012 are taken on record.
Put up for cross-examination of PW-1/PE on 17.02.2025.
(SOMITRA KUMAR)
DJ-06,EAST/ KKD COURTS
DELHI/16.12.2024 (s)
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