Final Order 1

Order Details: Notice of Motion
Pdf Text: NM No.2727/2019 ..1.. Suit No.2040/2019
CNR No.MHCC010074832019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER BOMBAY
NOTICE OF MOTION NO.2727 OF 2019
IN
SUIT NO.2040 OF 2019
Somnath Sitaram Tendulkar .. Applicant
In the matter between
Somnath Sitaram Tendulkar .. Plaintiff
Versus
Dasharatham Ramanna Siddhi and another .. Defendants
Ms. Rupali Sathe, advocate for plaintiff
None for defendants
CORAM : M. T. ASIM, J
COURT ROOM NO.02
DATED : 13th August, 2019
ORAL ORDER
Notice of motion is taken out by plaintiff under Order XVIII Rule
17 r/w section 151 of the Code of Civil Procedure for permitting him to
file additional evidence and documents relating to title on record as
well as to recall evidence closing pursis.
2. It is the contention of plaintiff that he has filed suit for recovery
of possession and declaration against defendant No.1. Said suit
proceeded exparte and now, it is at the stage of final arguments. After
filing of his affidavit of examination in chief he has filed evidence
closing pursis. However, at the time of filing of affidavit of examination
inchief some documents relating to proof of his title and ownership to
the suit property are not filed on record and therefore, it is necessary to
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NM No.2727/2019 ..2.. Suit No.2040/2019
produce those documents regarding his title along with additional
evidence. Hence, plaintiff urged in above terms.
3. At the outset, I would like to point out that defendants failed to
appear despite service of summons. Although, my learned predecessor
passed order dated 15.12.2017 that suit to proceed without written
statement of defendant Nos.1 and 2. However in fact, defendants never
appeared so, suit is deemed to have proceeded exparte against the
defendants. In above background notice was not served upon
defendants in relation to present notice of motion.
4. Plaintiff desire to produce certain documents in order to prove
title over suit property and for that purpose he has sought permission to
file additional affidavit of examinationinchief and to produce the
documents in relation to title and to recall closing pursis. It is pertinent
to note that in view of Order XVIII Rule 17 of C.P.C this Court is
empowered to recall any witness at any stage of suit. Keeping in view
said provision and section 151 of C.P.C, in the interest of justice, fair
trial and for just decision of matter, I find it necessary to give an
opportunity to the plaintiff to adduce further evidence in relation to the
title of suit property and to produce documents in that regard and to
recall his pursis. Hence, pass following order:
ORDER
1. Notice of Motion No.2727 of 2019 is allowed and made absolute
in terms of prayer clauses (a) to (c).
2. Accordingly, notice of motion is disposed off.
(M. T. Asim)
Judge
Date : 13.08.2019 Gr. Bombay
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
16.08.2019, 5.30 p.m.
UPLOAD DATE AND TIME Mrs. S. P. Pawar
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
H.H.J. Shri. M. T. Asim
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
13.08.2019
JUDGMENT/ORDER signed by P.O.
on
14.08.2019
JUDGMENT/ORDER uploaded on 16.08.2019
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