Order 1

Order Details: Order below exhibit
Pdf Text: 1 OBE 23 in Comm. Suit 4672020
IN THE CITY CIVIL COURT AT MUMBAI.
(COURT ROOM NO. 32)
ORDER BELOW EX.23
IN
COMMERCIAL SUIT No.467 OF 2020
Mahesh & Sons …PLAINTIFF
VERSUS
EBizz Entertainment India Pvt. Ltd. …DEFENDANT
Shri. Ajit Shobhavat i/b. A. J. S. Legal, learned advocate for plaintiff.
Smt. Harsha Shah, learned advocate for defendant.
CORAM : JUDGE SHRI. N.P. TRIBHUWAN
O R D E R
(Delivered on 05/04/2023)
This is an application filed by plaintiff for discarding
evidence of plaintiff on the ground that it is beyond pleadings.
According to plaintiff para No.4 from the word “however due to
pressure ...... said proforma invoices”, entire para No.6, 8,9 and para
No.10 from the word “I say that the defendant vide...... read in
evidence”, para No.12 first five lines, para No.13 last four lines; are the
contents of the chief examination of PW1 beyond the pleading. There is
no reference about evidence in the plaint. Therefore, the said part of
chief examination be discarded.
2. Plaintiff has filed reply at Exh.29 and contended that there
is no provision under CPC under which the court can strike out/discard
paragraphs from the chief examination of the parties.
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2 OBE 23 in Comm. Suit 4672020
3. Heard learned counsel of both the parties. Perused plaint
and chief examination of PW1 which is at Exh.15. The contention
mentioned in para No.4 from the word “However due to pressure from
the heads of representative....in the said proforma invoices” has not
being pleaded in the plaint. As far as entire para No.6 and 9 are
concerned, there is no pleading about the same in the plaint. The
contents of the para No.8 of the chief are already pleaded in the plaint.
The contents of para No.10 from the word I say that vide their
representative.... be read in evidence are not pleaded in the plaint. As
far as last five lines of the para No.4 and last four lines of para No.13
are concerned, the plaintiff has pleaded about the same facts in the
plaint. Therefore, the contents of para No.4, entire para No.6,9,
contents of para No.10 as above are without pleading and therefore,
cannot be read in evidence. Therefore, the said part of evidence
required to be excluded. Hence, I pass following order.
ORDER
Application Exh.23 is partly allowed as under.
Contents of chiefexamination of PW1 (Exh.15) mentioned
in para No.4 from the word “however due to pressure ......
said proforma invoices”, entire para No.6, 9 and para No.10
from the word “I say that the defendant vide...... read in
evidence”; are hereby discarded. There is no reference about
evidence in the plaint.
Date : 05/04/2023.
(N.P. Tribhuwan)
Judge, City Civil Court,
Mumbai. C.R.No.32
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3 OBE 23 in Comm. Suit 4672020
Direct dictated on : 05/04/2023.
Checked on : 05/04/2023.
Signed on : 05/04/2023.
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
05/04/2023. (Mrs. R.S. Bhor)
UPLOAD DATE AND TIME NAME OF CLERKTYPIST
Name of the Judge(with CR
No.)
HHJ SHRI. N. P. TRIBHUVAN
(C.R.No.32)
Date of pronouncement of Order 05/04/2023.
Order signed by P.O. on 05/04/2023.
Order uploaded on 05/04/2023.
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