Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 2287-19 in Suit No. 137-14
CNR NO.MHCC0100629519
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO. 2287 OF 2019
IN
L.C. SUIT NO. 137 OF 2014
Mohamed Jawad Mohamad Ali Hajati …...Plaintiff
Versus
The Commissioner, Municipal Corporation of
Gr. Mumbai & Ors. …...Defendants
Coram : Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 20th January, 2020
Appearance:
Ld. Adv. Mr. Rakesh K. Agrawal for plaintiff.
Ld. Adv. Mr. Suryavanshi for defendant/MCGM.
ORDER
1. The plaintiff by this notice of motion seeks permission to lead
evidence in the light of document, a block plan dated 04.03.1964
received by employee of the plaintiff under Right to Information Act. It
is contended that documents were not within the knowledge of the
plaintiff.
2. Heard Learned Advocate for the plaintiff and Learned Advocate
for the defendant corporation.
3. The defendant corporation had opposed the notice of motion. It
is contended that there are no pleadings to that effect. The document
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2 NM 2287-19 in Suit No. 137-14
need not considered and hence notice of motion deserves to be
dismissed.
4. The plaintiff had came to Court alongwith document which were
not within his knowledge at the time of leading evidence. Subsequently
the documents are received under RTI Act. The documents were not
within knowledge of the plaintiff and he is entitled to produce it under
Order 18 Rule 17A of Civil Procedure Code. A party should be alleged
to lead best possible evidence. In the interest of justice, the notice of
motion needs to be allowed. In the result, following order is passed.
ORDER
1. The Notice of Motion No. 2287/2019 is allowed.
2. The plaintiff is permitted to lead additional evidence and he is
entitled to examine the witnesses mentioned in the notice of motion.
3. Notice of Motion stands disposed off.
(Sanjay N. Yadav)
Judge,
Date : 20.01.2020 City Civil Court, Mumbai.
Dictated on : 20.01.2020
Transcribed on : 20.01.2020
Signed by HHJ on : 22.01.2020
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3 NM 2287-19 in Suit No. 137-14
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 21.01.2020 at 1.23 p.m.
NAME OF STENOGRAPHER : Mrs. K.S.Bhosale
Name of the Judge (With Court
Room no.)
HHJ Shri. Sanjay N. Yadav
C.R. no. 05
Date of Pronouncement of
JUDGMENT/ORDER
20.01.2020
JUDGMENT/ORDER signed by
P.O. on
21.01.2020
JUDGMENT/ORDER uploaded
on
21.01.2020
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