Final Order 1

Order Details: Notice of Motion
Pdf Text: NM In SC 3846/08 Order 1
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO. 121 OF 2018
(CNR NO.MHCC010003962018)
IN
SUMMARY SUIT NO.3846 OF 2008
(HIGH COURT SUMMARY SUIT NO.1405 OF 2008)
Kamlesh Ashok Makhija ...Plaintiff
V/s
Naresh Moolchand Kapoor ...Defendant
Coram : His Honour Judge Shri M.M.Umar
(C.R. No.28)
Dated : 14/08/2018
Adv. Mr.Yadav for plaintiff.
None for defendant.
ORDER BELOW NOTICE OF MOTION NO.121/18
1. This Notice of Motion is taken out by the plaintiff for setting
aside the evidence closing order dated 2/12/2017.
2. Read the application .
3. Heard. On perusal of the case record carefully, it appears that
on 14/11/2017 the learned advocate for defendant completed the cross
examination to the plaintiff. Thereafter, the case was adjourned for
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NM In SC 3846/08 Order 2
examination of handwriting expert on 2/12/2017. It appears that on
that day when the case was called the plaintiff and his advocate
remained absent, therefore the plaintiff's evidence was closed and
matter was posted for evidence of defendant and case was adjourned
on 11/1/2018 for the evidence of defendant.
5. As per the contention of the plaintiff, he went to call his
advocate on 2/12/2017 meanwhile the matter was called and evidence
closing order came to be passed. It is submitted that on that day the
evidence of handwriting expert was ready but he was not keeping well
and suffering from fever and disentry therefore, plaintiff was not in a
position to file evidence of handwriting expert on record.
6. Considering the above submission of plaintiff on affidavit and
considering the fact that the plaintiff was and is ready to examine the
handwriting expert immediately and plaintiff wants to cooperate to the
Court for the expeditious trial of the case as it is more than 10 years
old. In my opinion, since the plaintiff did not seek time for adjournment
again and again and only on that particular date he did not produce the
evidence therefore, the interest of justice requires to set aside the order
of closing evidence passed on 2/12/2017, and it is just and desirable to
give an opportunity to the plaintiff to produce his evidence, if any,
including handwriting experts evidence, immediately otherwise, it
appears that serious prejudice would cause to the plaintiff. In the result,
following order:
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NM In SC 3846/08 Order 3
: ORDER :
1. Notice of Motion no.121/18 is allowed.
2. The evidence closing order passed on 2/12/17 is hereby set aside.
3. The plaintiff is directed to file the affidavit of examine the
handwriting expert on next date, without fail and parties are directed
to cooperate to the Court for the early disposal of the case as it is,
more than 10 years old.
4. Notice of Motion no.121/18 is disposed of accordingly.
(M.M.UMAR)
Judge,
14/8/2018 City Civil Court, Gr. Mumbai
Date of Dictation : 14/8/18.
Date of Transcription : 14/8/18.
Date of signature : 18/8/18
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
18.08.18 1.30p.m. Mrs.Jyoti R.Mane
Name of the Judge HHJ Shri M.M.Umar(CR No.28)
Date of Pronouncement of
Judgment/Order.
16.08.18
Judgment/order signed by P.O on 18.08.18
Judgment/order uploaded on 18.08.18
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