Order 13

Order Details: COPY OF ORDER
Pdf Text: Civil Suit No.44/2023
Mahender Kumar Thukral vs. Khalid Salmani
31.07.2024
Present: Sh. Amandeep Singh, Sh. D.K.Malhotra and Sh. Ravi
Gupta, Ld. Counsels for plaintiff along with plaintiff.
Sh. R.K.Gaur and Sh. Shahjaan Khan, Ld. Counsels
for defendant.
On the last date of hearing, one application was filed by
the defendant u/o 8 Rule 1A CPC and arguments were heard on the
said application. It is stated in the application that during cross-
examination, the plaintiff did not state the accurate dimensions of the
suit property and did not file the correct site plan. Accordingly, the
present application has been filed for bringing on record the complete
site plan with complete dimensions. The application was opposed by
ld. Counel for plaintiff on the ground that it is not maintainable as no
cogent reason has been shown as to why the site plan could not be filed
by the defendant along with the WS.
Order 8 Rule 1A CPC stipulates that the defendant is
obligated to produce all the documents upon which his defence is based
along with the WS. In the present case, one site plan was filed by the
plaintiff along with the plaint. If it is the case of the defendant that the
said site plan is not correct, the defendant had every opportunity to file
the accurate site plan along with his WS. No cogent reason has been
furnished by the defendant as to why the correct site plan as per him
was not filed along with the WS. Therefore, the present application of
the defendant u/o 8 Rule 1A CPC stands dismissed.
PW1 is further partly cross-examined. His cross-
examination is deferred. Relist for remaining cross-examination of
PW1 on 21.08.2024.
(AAKANKSHA VYAS)
SCJ-cum-RC/
North East District,
KKD/Delhi/31.07.2024
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