Final Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 1461/19 in Suit No. 4927/07. 1 Order.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 1461 OF 2019
(CNR NO. MHCC010038482019)
IN
SUIT NO. 4927 OF 2007
(CNR NO. MHCC010075492007)
(HIGH COURT SUIT NO. 1208 OF 2007)
Shri Ramaakant B. Tiwari ...Plaintiff
Versus
Shri Lumbharam Raghunath Choudhary and Another ...Defendants
CORAM : HIS HONOUR JUDGE
SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 4th OCTOBER, 2019.
Mr. Salvi, Advocate for Plaintiff.
Mr. A.N.Nasikwala, Advocate for Defendants.
ORDER
This is a motion taken out by plaintiff for production of the
documents i.e.
A) Certified copy of plaint in Suit No. 600/2011 filed before
the Small Causes Court,
B) Notice of Advocate Nasikwala dated 27/11/2006,
C) Affidavit and additional affidavit of defendant Lumbharam
Choudhary in Suit No. 600/2011.
-- 1 of 4 --
N/m No. 1461/19 in Suit No. 4927/07. 2 Order.
2. Perused reply filed by defendant.
3. It is mentioned in the reply that these are certified copies of
the documents filed before the Small Causes Court and same cannot be
exhibited.
4. Ld. Advocate Salvi for plaintiff submits that present
defendant has filed his affidavit under Order 18 Rule 4 of CPC before
the Small Causes Court in Suit No. 600/2011. The entire documents
are relevant in the present suit, hence it is claimed for production of the
documents.
5. Ld. Advocate Nasikwala for defendants submits that
testimony of PW 1 alongwith crossexamination by defendant is over.
Plaintiff has not followed the due process for production of the
documents. The suit before the Small Causes Court bearing No.
600/2011 is no way concerned with issue before this Court. It is
claimed to reject the motion.
6. On perusal of documents produced by the plaintiff, all
documents bear the seal of the Small Causes Court as certified copy of
the documents produced before the Court. On perusal of reply filed by
the defendant, it is mentioned that the impugned documents cannot be
exhibited without verification from the original. It is to note that
defendant has not denied in respect of Suit No. 600/2011 filed before
the Small Causes Court on affidavit by defendant Lumbharam produced
before the Small Causes Court.
7. On perusal of impugned documents, it bear seal of the
-- 2 of 4 --
N/m No. 1461/19 in Suit No. 4927/07. 3 Order.
Small Causes Court as a 'True Copy' of the documents produced before
the Court. The marking of the document i.e. to give exhibit do not
mean that contents are proved. In present case, it is not claimed by the
plaintiff to exhibit the documents, he intends to produce the same
before the Court as he obtained these documents from the Small Causes
Court. Therefore, it will not cause prejudice to the defendants. Hence,
production of documents is allowed. Obviously, plaintiff may proceed
to lead additional evidence, resultantly, defendant may avail
opportunity to crossexamine the witnesses. Hence the order :
ORDER
1. Notice of Motion No. 1461/2019 is allowed. The
documents filed by the plaintiff be taken on record. No
order of costs.
2. N/m No. 1461/19 is disposed off.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 04/10/2019. Mumbai.
1. Dictated on : 04/10/2019.
2. Transcribed on : 05/10/2019.
3. Signed on : 05/10/2019.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
-- 3 of 4 --
N/m No. 1461/19 in Suit No. 4927/07. 4 Order.
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
05/10/2019. 5.38 p.m. Miss M.A.Kulkarni
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 04/10/2019.
Judgment/Order signed by P.O. on 05/10/2019.
Judgment/Order uploaded on 05/10/2019.
-- 4 of 4 --