Final Order 1

Order Details: Notice of Motion
Pdf Text: IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO.338 OF 2020
IN
S.C.SUIT NO.2326 OF 2014
1. Mr.Rajesh Purshottamlal Chourasia,
2. Ramesh Purshottamlal Churasia ... Plaintiffs
Versus
Mr.Vishwanath Purshottamlal Chourasia ... Defendant
CORAM: H.H.THE PRINCIPAL JUDGE
S. B. AGRAWAL (C.R.No.19)
DATED: 8th MARCH, 2021
Adv. Mr.Ruturaj Joshi,
for plaintiffs.
Adv. Mr.Rajan Yadav b/f. Adv.Kanchan Prajapati,
for defendant.
ORAL ORDER
Defendant has taken out the present Notice of Motion seeking
rejection of the evidence filed by PW-1 on the ground that the contents
are not in consonance with Order-19 Rule-3 of CPC and the verification
is not as per Rule-15 of Order-6 of CPC.
2. Plaintiffs have filed reply to the contents in the Notice of
Motion.
3. As far as first objection is concerned, it is contended that
paragraphs 23 and 26 etc. contained legal submissions and that
paragraphs 21 and 25 etc. are beyond pleadings.
4. Perusal of paragraphs 23 and 26 would reveal that although
they mention about the entitlement to the relief, but it is a sort of
clarification/ explanation as to in what factual circumstances plaintiffs
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are claiming the said relief and as such it cannot be said that they are
merely legal submission and that part, if any, can be ignored at
appropriate stage. As far as contents in paragraphs 21 and 25 are
concerned, they seek to make out proof for the facts that are pleaded in
the plaint and reference is to the documents which would supply to the
said proof and as such at this stage, it cannot at all be said that they are
beyond pleadings. However, it would be open for the defendant to assail
this aspect at appropriate stage and can be considered and decided at
that point of time.
5. As far as verification of the affidavit is concerned, there is no
specific mention as to which paragraphs are based on personal
knowledge of the plaintiffs and that are based on the belief of the
plaintiffs.
6. Learned counsel for the plaintiffs seeks leave to file fresh
verification of the affidavit. In that view of the matter, I pass following
order.
O R D E R
1. Plaintiffs to file fresh verification of the affidavit at Exh.8.
2. Defendant is not entitled to any further relief in the Notice of
Motion.
3. Accordingly NM is disposed of.
Sd/-
08/03/2021 (S. B. AGRAWAL)
PRINCIPAL JUDGE,
CITY CIVIL COURT, MUMBAI.
Dictated on : 08/03/2021
Transcribed on : 08/03/2021
Signed by HHJ on : 08/03/2021
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
08/03/2021 5.10pm B.R.HATEKAR S.G.
Name of the Judge HH PRINCIPAL JUDGE (CR No.19)
Date of Pronouncement of Judgment/Order. 08/03/2021
Judgment/order signed by P.O on 08/03/2021
Judgment/order uploaded on 08/03/2021
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