Interim Order 1

Order Details: Other
Pdf Text: 1S.C.1314-2019
ORDER ABOUT ADMISSIBILITY OF DOCUMENTS
Heard Ld. Advocate for the plaintif. Perused the documents.
Read the afdavit and additional afdavit fled in lieu of examination-in-
chief.
Document at serial No.1 is delivery challan dt.04.04.2017,
document at serial No.2 is delivery challan dt. 04.04.2017 and
document at serial No.3 is delivery challan dt.20.04.2017. All those
documents are produced in proper primary form. Evidence of PW-1 is
sufcient to admit those documents in evidence hence, those
documents be marked as Exh.4,5 and Exh.6 respectively.
Document at serial No.4 is tax invoice dt.04.04.2017, document
at serial No.5 is tax invoice dt. 04.04.2017 and document at serial No.6
is the tax invoice dt.20.04.2017. Those documents are also produced in
proper primary form. Evidence of PW-1 is sufcient to admit those
documents in evidence hence, those documents be marked as Exh.7,8
and Exh.9 respectively.
Document at serial No.7 is original cheque dt.10.10.2017. It is
also produced in proper primary form. Evidence of PW-1 is sufcient to
admit said document in evidence hence, it be marked as Exh.10.
Document at serial No.8 is cheque returning memo dt.04.01.2018
issued by Syndicate Bank. Though it is produced in original form, it
does not bear the ofcial seal of the concerned bank hence, it cannot
be admitted in evidence on the basis of the statements made by PW-1
in his afdavits of examination in chief. It be marked as Art-P for further
reference purposes.
Document at serial No.9 and 10 are ofce copies of notices
dt.16.01.2018 sent by Plaintiff to defendant. those documents are
produced in proper primary form. Evidence of PW-1 is sufcient to
admit those documents in evidence hence, those documents be
marked as Exh.11 and Exh.12 respectively.
Document at serial No.11 are two RPAD receipts. Those
documents are produced in proper primary form. Evidence of PW-1 is
sufcient to admit those documents in evidence hence, those
documents be marked as Exh.13 and Exh.14 respectively.
Document at serial No.12 and 13 are copies of track consignment.
Those documents are not produced in proper primary form. Hence
those documents be marked as Art-P1 and Art-P2 respectively for
further reference purposes.
Document at serial No.14 is particular of claim. Evidnce of Plaintif
is not sufcient to admit it in evidence hence it be marked as Art-P3 for
further reference purposes.
Suit against defendant is ex-parte hence, cross examination nil.
(P.P.Rajvaidaya)
Judge, C.R.No.9
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