Final Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 635/19 in S.C.Suit No.897/14. 1 Date : 29.08.2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 635 OF 2019
IN
S.C.SUIT NO.897 OF 2014
(CNR NO.MHCC010016282019)
Mr. Shivshankar Ramkedar Dubey ..Plaintiff
Versus
Mr. Dharamraj Ramkedar Dubey .. Defendant
Appearances :
Adv. Mr. Anand Pande for plaintiff present.
Adv. Mr. U.S.Pandey for defendant present.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
CR No. : 7
Date : 29.08.2019
ORDER
1. The plaintiff filed instant notice of motion for setting aside closing
evidence order dated 08/08/2018 and plaintiff be permitted to file his
evidence.
2. It is contended by the plaintiff that on 08/08/2018 the aforesaid
matter was fixed for filing of evidence of plaintiff, however, the junior
advocate had appeared and informed that his senior was not having any
contact with the plaintiff. Therefore this Court passed no evidence
order dated 08/08/2018.
3. It is submitted by the plaintiff that the aforesaid order came to
the knowledge of the plaintiff on 05/09/2018. The plaintiff was in
personal difficulty and therefore, could not remain in contact with his
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N/m No. 635/19 in S.C.Suit No.897/14. 2 Date : 29.08.2019
advocate. It is submitted by the plaintiff that today his evidence on
affidavit and documents are ready. Therefore he be permitted to
proceed with the evidence.
4. Per contra advocate for defendant has not seriously disputed the
notice of motion. Hence, looking to the aforesaid reasons and the
consent given by the defendant advocate, I am inclined to allow the
notice of motion in terms of prayer clause (a), (b) and (c). Thus, I
proceed to pass the following order :
ORDER
1. Notice of Motion No. 635/19 allowed in terms of prayer
clause (a), (b) and (c).
2. Notice of Motion No. 635/19 disposed off.
(A.H.Laddhad)
Additional Judge
Bombay City Civil Court
Dated : 29.08.2019 Greater Mumbai
Dictated on : 29.08.2019
Typed on : 30.08.2019
Draft Submitted on : 30.08.2019
Checked on : 30.08.2019
Signed on : 30.08.2019
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N/m No. 635/19 in S.C.Suit No.897/14. 3 Date : 29.08.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNE
JUDGMENT/ORDER.”
31/08/2019 at 1.10 p.m. (Ms. M.A.Kulkarni)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room
no.)
Shri A.H.LADDHAD
(C.R. No.7)
Date of Pronouncement of
JUDGMENT/ ORDER
29/08/2019
JUDGMENT/ORDER signed by P.O.
on
30/08/2019
JUDGMENT/ORDER uploaded on 31/08/2019
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