Final Order 1

Order Details: Notice of Motion
Pdf Text: Notice of Motion No. 1066 of 2019
Matter called out at 2.59 pm None for plff Defendant No.2 present Adv Reena Rolland
for defendant No.3 present Heard adv for defendant No.3 on NM 1066/19. Perused the
Notice of Motion, supporting affidavit and reply filed by the plaintiff. The Notice of
Motion is taken out by defendant No.3 to take on record the say of defendant No.3 and
the documents tendered by plaintiff in the evidence. Adv for defendant No.3 submits
that when the documents and evidence was tendered by the plaintiff, the Written
Statement of defendant No.3 was not on record. Defendant No.3 subsequently filed the
Written Statement. Therefore, defendant No.3 be given the opportunity to submit say
on the documents with list Exh 7. Perused the record of the suit. It reveals that on the
admission given by defendant Nos. 1 and 2 some documents with list Exh 7 are marked
Exhibit. Some documents in the said list are yet to be marked Exhibit. In view of the
stage of the suit, opportunity can be given to defendant No.3 to tender say on the
documents. Though plaintiff has filed reply, contesting the prayer in the Notice of
Motion no one is appearing for plaintiff since long. In view of the reasons, mentioned
in the supporting affidavit and the submissions of adv for defendant No.3 following
order is passed in Notice of Motion No. 1066/2019 Order 1. Notice of Motion No. 1066
of 2019 is made absolute in terms of prayer clause (a). 2. Notice of Motion No. 1066 of
2019 is disposed off. Say filed by defendant No.3 is t.o.r and marked as Exh 21 Despite
of specific directions, plaintiff has not tendered registered chamber summons. Today as
well none present for the plaintiff. Therefore, chamber summons tendered by the
plaintiff on 15.02.2020 stands disposed off. Matter is fixed for hearing on remaining
documents with list Exh 7. Matter is adjd on 06.12.2022 for Hrg
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