Order 3

Order Details: Other
Pdf Text: Comm.Suit No. 483/2020. 1 Order below Exh.11.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
ORDER BELOW EXHIBIT 11
IN
COMMERCIAL SUIT NO. 483 OF 2020
Mr. Prakashchand Shantilal Jain )...Plaintiff
Versus
M/s. Neev Realtors and others )...Defendants
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(COURT ROOM NO.31).
DATE : 10th MARCH, 2022.
Mr. Rajesh Patil, Advocate for the plaintiff.
Ms. Minal Parab, Advocate for the defendants no.1 and 3.
ORDER
1. This is an application for taking on record additional
affidavit in examinationinchief of PW 1 – Prakashchand Jain. Perused
application and affidavit in reply (Exh.11A). Heard learned counsel
Rajesh Patil for the plaintiff and learned counsel Minal Parab for
defendants no.1 and 3.
2. Learned counsel Rajesh Patil submitted that additional
affidavit of PW 1 Prakashchand Jain is annexed with the application.
According to him, crossexamination of the witness is not commenced
and documents are not exhibited. Additional affidavit is intended to be
filed for the purpose of explaining the documents which are already on
record. He prayed to allow the application.
3. Learned counsel Minal Parab submitted that the plaintiff
has not stated any reason for filing additional affidavit. There is no
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Comm.Suit No. 483/2020. 2 Order below Exh.11.
cause to file additional affidavit. The defendants have filed statement
of admission and denial of documents (Exh.10 colly.) and subsequently,
this application came to be filed by the plaintiff. Confirmation letter is
already explained in earlier affidavit of PW 1 Prakashchand Jain
(Exh.8). The application is filed to rectify the defects in the evidence
and also to fill up lacunaes in the affidavit of evidence. She prayed that
application may be rejected.
4. After considering rival submissions and material on record,
it appears that contents in additional affidavit are devoted to explain
contents in the letter of confirmation dated 01/04/2016. The plaintiff
has not made endeavour to add new things in his additional affidavit.
Therefore, there is nothing to cause prejudice to the defendants.
Objections to admissibility of documents of the defendants have already
come on record in the form of affidavit of admission and denial of
documents (Exh.10 colly.). All these aspects can be considered while
exhibiting the documents. Hence, the plaintiff can be permitted to file
additional affidavit of evidence. Hence, I pass the following order :
ORDER
1. Application (Exh.11) is allowed.
2. Additional affidavit of PW 1 Prakashchand Shantilal Jain
is marked as Exh.8A .
(R.R.BHAGWAT)
Judge, City Civil Court,
Date : 10/03/2022. Mumbai.
1. Dictated online on : 10/03/2022.
2. Signed on : 10/03/2022.
3. Delivered to Certified :
Copy Section on
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Comm.Suit No. 483/2020. 3 Order below Exh.11.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
10/03/2022. 5.25 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 10/03/2022.
Judgment/Order signed by P.O. on 10/03/2022.
Judgment/Order uploaded on 10/03/2022.
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