Final Order 1

Order Details: Other
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26.07.2022
Sum 7926/88
NM 1499/19
CORAM : DR. SHRI. S. D. TAWSHIKAR (C.R. No.61)
None for Plaintiff.
Adv. Mr. Mehul Rathod for Defendant No. 1 present.
Adv. Mr. N. R. Maurya for Defendant Nos. 2(a) to 2(c) present.
On last date this court has directed the Plaintiff to workout NM
today without fail. However, Plaintiff is absent again.
Heard Ld. Advocate Rathod for Defendant No. 1.
He submits that similar application for similar reliefs are already
dismissed.
Advocate Mr. Maurya also submits that there is no merit in the
application. Same be dismissed. He invites attention of this court
to the Judgment and Order passed by Hon'ble High Court in Writ
Petition No. 11151/2017 dated 03/11/2017 and submits that in
view of the said Judgment the present application is not tenable.
The present NM is moved by the plaintiff seeking leave to lead
secondary evidence to prove certain documents. On perusal of the
Order passed by Hon'ble High Court (supra) it is clear that no
leave/permission is required for party who is desires of to lead
secondary evidence.
In view of the said Judgment I find the present applcation
unwarranted. Plaintiff may lead secondary evidence in the light of
the Judgment of Hon'ble High Court. Hence, NM is disposed off
accordingly.
Matter adjourned to 15/09/2022 for Plaintiff Evidence.
Judge
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