Final Order 1

Order Details: Notice of Motion
Pdf Text: Dt: 30/01/21
Suit :9244/95
NM 988/20
CORAM : R.M.SADRANI ( C.R. NO.07)
Adv E.K. Sashidharan for plaintiff present.
Adv E.A. Sasi for defendant present.
Perused N.M. 988 of 2020. Heard both sides. this N.M. is
moved by the defendant with the prayer that to recall the
order passed by this Court on 04/11/2019, and thereby
discarded the evidence of D.W.1 i.e. defendant Kumaran
Joshi.
Ld. Adv for the defendant submitted that defendant is
contesting the matter promptly and diligently since
beginning. On 04/11/2019, as a defendant has challenged
the order of this Court to ignore the certain paragraphs of
evidence, therefore, on that day defendant was not ready
to proceed in the matter and therefore this Court passed
the order in question. He requested that in the interest of
justice evidence of the defendant no.1 as per Exh23 and
subject to the order of this Court dated 26/09/2019
regarding to ignore the certain paragraphs of evidence be
taken on record. He submitted that witness is present and
ready to adduce cross examination.
Adv for the plaintiff submitted to pass suitable order. He
pointed out his say giving the details of dates regarding
conduct of the defendant.
As the suit is for recovery of money therefor for just and
proper decision in my opinion N.M. needs to be allowed.
Hence following order
Order In N.M. 988/20
1. N.M. 988 of 2020 is hereby allowed.
2. Evidence of defendant no.1 as a D.W.1 below Exh
23 is t.o.r. with all the orders passed connected to
it.
3. Plaintiff to cross examine to defendant.
4. N.M. 988 of 2020 is disposed off.
Judge.
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