Final Order 1

Order Details: Notice of Motion
Pdf Text: Order in Notice of Motion
No.859 of 2020 1
MHCC010023052020
IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI
NOTICE OF MOTION NO. 859 OF 2020.
IN
SHORT CAUSE SUIT No.1689 of 2019.
Shri Baptist Aurly John. … Applicants.
(Plaintiff)
In the matter between
Shri Baptist Aurly John. …Plaintiff.
V/s.
M/s. Max Life Insurance Co. Ltd. and Ors. ...Defendants
Appearance:
Adv. J.M.D’silva for Applicant/Plaintiff.
Adv Sriram for defendant No.1.
CORAM : H. H. JUDGE AND
ASST SESSIONS JUDGE,
SHRI. S. B. PAWAR
(C.R.No.59)
DATE : 12th OCTOBER, 2022.
ORDER
Plaintiff has taken out this Notice of Motion with a prayer
to allow the plaintiff to file additional affidavit of evidence and
certificate under Section 65B of the Indian Evidence Act to prove
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Order in Notice of Motion
No.859 of 2020 2
electronic evidence being the Emails.
2. Plaintiff contended in the supporting affidavit that he has
filed affidavit in examination in chief and therein he has deposed on the
Emails between him and defendant company. Inadvertently the
certificate under Section 65B of the Indian Evidence Act is not filed.
Defendants will have opportunity to cross examine on the said
document and no prejudice will be caused to the defendants, if the
plaintiff is permitted to file the additional affidavit of evidence and the
certificate.
3. Ld. advocate for the defendant No.1 submitted that he does
not want to file reply to the Notice of Motion.
4. Heard argument of Ld. advocate for the plaintiff and Ld.
advocate for the defendants.
5. Perused the Notice of Motion and supporting affidavit. It is
settled proposition of law that under Order XVIII Rule 4 of the Code of
Civil Procedure, 1908 (In short 'CPC') a party can be permitted to file
more than one affidavit of evidence, provided sufficient cause is shown
by the party. In the case at hand, plaintiff seeks to file additional
evidence affidavit on the ground that when the first evidence affidavit
was filed, inadvertently the certificate under Section 65B of the Indian
Evidence Act in respect of Email communications between the parties
was not filed. This can be accepted as a sufficient cause by the plaintiff
for the present prayer.
6. The only objection raised by the advocate for defendant
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No.859 of 2020 3
No.1 to the present Notice of Motion is that in the additional evidence
affidavit as well as in the certificate under Section 65B of the Indian
Evidence Act, the statements are made beyond the scope of prayer in
the present Notice of Motion. Defendants will get an opportunity to
cross examine the plaintiff on additional evidence affidavit as well as on
the certificate sought to be tendered. There is no objection raised that
any portion of the additional evidence affidavit is either irrelevant or
beyond the pleadings in the plaint. In these circumstances, permission
can be granted to the plaintiff to file additional evidence affidavit along
with the certificate under Section 65B of the Indian Evidence Act.
Resultantly, following order is to be passed.
ORDER
1. Notice of Motion No.859 of 2020 is made absolute in
terms of the prayer clause (a).
2. Notice of Motion No.859 of 2020 is disposed of
accordingly.
(S.B. Pawar)
Judge,
Dated: 12/10/2022 City Civil and Sessions Court,
Greater Bombay (CR 59)
Declared on : 12.10.2022
Dictated On : 12.10.2022
Transcribed on : 13.10.2022
Checked on : 14.10.2022
Signed on : 18.10.2022.
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No.859 of 2020 4
“I affirm that the contents of this PDF file Judgment are the same, word
to word, as per the original Judgment.”
Name of Steno with post : Mrs. Pushpa R. Wagh,
Stenographer (H.G.)
Name of the Judge (with Court No...) : Shri Sachin B. Pawar
Date of pronouncement of Order : 12/10/2022.
Order signed by the P.O. on : 18/10/2022.
Order uploaded on : 18/10/2022.
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