Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 1209/19 in Suit 84002002
HC. Suit No. 3680/2002 1
Date : 26.06.2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 1209 OF 2019
IN
SUIT NO. 8400 OF 2002
(HIGH COURT SUIT NO. 3680 OF 2002)
(CNR.NO.MHCC01003134 2019)
Shivchand Sarju Yadav ...Plaintiff
Vs.
Smt. Doshi Bai M. Jeejeebhoy & Ors. ...Defendants
Appearance :
Mr. Tripathi, Ld. Advocate for plaintiff present.
Mr. Daruwala, Ld. Advocate for defendant no.2 present.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
CR No. : 32
Dated : 26th June, 2019.
ORDER
1. The plaintiff by way of instant Notice of Motion is seeking
permission to file additional documents i.e. Certified copy of Judgment
and Order dated 27.08.1993 passed by Additional District Collector in
Appeal No. ADC/Appeal/1505, certified copy of Judgment and Order
dated 30.07.1994 passed by Additional Collector and order / letter
dated 23.09.1993 issued by Additional District Deputy Collector.
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2. It is contended by the Ld. Advocate for the plaintiff that, at the
time of filing of Affidavit on Evidence he was not having certified copies
of above documents. Therefore, he is seeking permission to file the
documents on record and permission to lead secondary Evidence.
3. The Notice of Motion is strongly opposed by the Ld. Advocate for
defendant no. 2 on the ground that, the plaintiff has already tendered
his Affidavit on Evidence alongwith the list of documents. There is no
provision in law, permitting the plaintiff to tender such document.
Hence, defendant prayed for rejection of Notice of Motion.
4. Heard both the sides. Perused application and Say. Admittedly,
the mater is at the stage of evidence. The plaintiff tender his Affidavit on
Evidence alongwith list of documents Exh.8. The say has been given by
the defendant no. 1 Exh.8/A. The evidence of plaintiff has not yet
completed. The plaintiff has every right to tender documents in support
of his claim. The defendant has every right to file his reply on the
admissibility of documents tendered by plaintiff. As the evidence of
plaintiff is not completed and party can not be denied for tendering
documents, in my view, no prejudice would caused to defendant if,
production of documents is allowed. In view of the aforesaid findings,
in my view, the Notice of Motion needs to be made absolute. Thus, I
proceed to pass the following order.
ORDER
1. The Notice of Motion no. 1209 of 2019 is hereby made absolute
in terms of prayer clause.
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2. The plaintiff is allowed to tender documents as per list Exh. 9.
3. No order as to cost.
(A.H.Laddhad)
Additional Judge
Bombay City Civil Court
Dated : 26.06.2019 Greater Mumbai
Dictated on : 26.06.2019
Transcribed on : 26.06.2019
Draft submitted on : 11.07.2019
Checked on : 11.07.2019
Signed on : 12.07.2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
16/07/2019 at 4.00 p.m. (Ms. V.V.Sawant)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room no.)
Shri A.H.LADDHAD
(C.R. No.32)
Date of Pronouncement of
JUDGMENT/ ORDER
26/06/2019
JUDGMENT/ORDER signed by
P.O. on
16/07/2019
JUDGMENT/ORDER uploaded on 16/07/2019
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