Final Order 1

Order Details: Other
Pdf Text: IN THE COURT OF :COURT 4 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0100289/2020
Zeenia S. Lawyer alias Zinia Lawyer Vs Girdhar Gobindram Gianchandan and Ors.
Date : 08-03-2021
Business : Adv. Narvekar for plaintiff present. Adv. Fernandes for
defendant no. 1 present and tendered affidavit in reply to
NM No. 289/20. Copy served to other side. Defendant no. 5
present. Adv. Lulia for def. no. 5 present. Order on NM No.
289/20 This is an application by NM under order XIII Rule
9 of the CPC 1908 for return of the original agreement dtd.
27.04.1989 (Exh. 21). In the affidavit in support of the NM,
it is stated that the plaintiff undertakes to produce certified
copy of the agreement, and he apprehends that the original
may get damage or loss in the papers. The defs. no. 3 to 5
have filed their reply stating that the original be kept on
record to enable their advocate to cross examine the
plaintiff. The plaintiff is delivering certified copy of the
original agreement or being substituted for the original. He
also undertakes to produce original, if required to do so.
Therefore, there is no impediment to allow the application
under Order XIII Rule 9 of CPC. Since the document is
admitted in evidence and marked at Exh. 21, the plaintiff
shall give receipt after receiving the original document.
Accordingly the NM No. 289/20 is made absolute in terms
of prayer clause (a). Adjd to 05.04.2021 for report of Court
Commissioner.
Nature of Disposal : ALLOWED
Disposal Date : 08-03-2021
COURT 4 ADDL SESSIONS JUDGE
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