Final Order 1

Order Details: Notice of Motion
Pdf Text: None present.
Order below NM No. 588/2020
The main suit is of the year 1988 transferred from Hon`ble Bombay High Court. To
avoid delay, I am passing order in this notice of motion as it is with regard to
framing of additional issue. Perused the pleadings on record. Also perused the
previously framed issue. As there is specific pleading regarding suit barred by Law of
Limitation, it is necessary to frame the following additional issue, “Whether the Suit
is within Limitation”. Accordingly I pass the following order:
ORDER
Notice of Motion No. 588/2020 is allowed and following additional issue is framed,
“ Whether the Suit is within Limitation”.
Notice of Motion is disposed of accordingly.
Order below NM No. 981/2020
Perused the notice of motion which is supported by an affidavit of plaintiff Mohan
Gandhi. The main suit is very old one. Considering these fact, it has to be disposed
of at an earliest. This notice of motion is only regarding recalling of witness for
production of documents of Suit No. 441/1982. The contents of Para No. 4 to 9 of
affidavit in support of the notice of motion are sufficient reasons for allowing the
plaintiff to place on record the documents of Suit No. 441/82. Even otherwise those
documents considering the nature of the suit are necessary to be filed on record.
Hence, in the interest of Justice, I pass the following order:
ORDER
Notice of Motion No. 981/2020 is allowed and made absolute in terms of prayer
clause (a) with a direction that the plaintiff to file the documents on next date
positively.
Notice of Motion is disposed of accordingly.
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