Final Order 1

Order Details: Chamber summons
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IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
CHAMBER SUMMONS NO.1496 OF 2019
IN
S.C.SUIT NO.5838 OF 2005
M/s.National Building Construction
Corporation Limited ....Plaintiff
V/s
M/s.Royal Palms (I) Pvt.Ltd. .... Defendant
APPEARANCE:
Ld. Adv.Ashok Mishra for plaintiff.
None for defendant.
CORAM : H. H. ADHOC JUDGE
SHRI MILIND A. BHOSALE
(COURT ROOM NO. 32)
DATE : 16th September, 2019
ORDER
Heard Ld. Counsel for plaintiff Ashok Mishra.
Perused contention made in the Chamber Summons @ affidavit.
It is submitted by the plaintiff if you want to prove secondary
evidence and therefore, he seek permission by way of separate
application.
Admittedly to prove the document it is primary duty of parties to
adduce evidence on record. It is rule of evidence that plaintiff be placed
primary evidence on record. However, if primary evidence is destroyed
and not within control of the parties. He can choose the remedy to
prove the document by way of secondary evidence. This important
point the Hon'ble High Court observed that to prove the secondary
evidence separate application is not be required. If party wants to
prove secondary evidence option is available with the party to prove the
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document by way of witness. When the option is with the plaintiff I am
of the opinion that and as per the direction of Hon'ble High Court
separate application for permission to lead secondary evidence need not
be granted. Hence, I do not find any merit in the application. Hence, I
proceed to pass following order.
ORDER
1) Chamber Summons No. 1496 of 2019 is dismissed.
2) Plaintiff is liberty to prove secondary evidence as per procedure.
3) Chamber Summons no. 1496 of 2019 is disposed of in the above
terms.
Date:16/09/2019 (Milind A.Bhosale)
AdHoc Judge
City Civil & Sessions Court,
Gr.Bombay
Dictated on : 16/09/2019
Typed on :16/09/2019
H.H.J.Signed on :16/09/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
16.09.2019 at 12.20 p.m. (Mrs.P.P.Khanvilkar)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room no.) SHRI M.A.BHOSALE
(C.R. NO.32)
Date of Pronouncement of JUDGMENT/
ORDER
16.09.2019
JUDGMENT/ORDER signed by P.O. on 16.09.2019
JUDGMENT/ORDER uploaded on 16.09.2019
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