Date: 09-10-2019
Reason For Adjournment: court time is over
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 05-12-2019
Date: 05-12-2019
Business: Adv. Mr. D\''silva for plaintiff present.
Adv. Ms. Radhika Vyas for deft. present.
Heard arguments on Ch/sum no.1549/19.
ORDER BELOW CH/SUM NO.1549/19
Heard. This Ch/sum is tendered by defendant seeking inspection of documents referred and relied in the plaint. The deft. has sought the inspection of the original documents which the plaintiff relied along with the plaint by letter dated 11.03.2019, 18.03.2019, 20.04.2019 but the plaintiff failed to give the inspection of original documents. Hence, the present Ch/sum is filed to verify the documents and to ascertain its validity and legality. Plaintiff filed reply to the Ch/sum. It is contended by the plaintiff that document at Sr. no.1 is death certificate of father of plaintiff and defendant, the document at Sr. no.2 is application under RTI, the original of which would be with the authority to whom the application was made. Document at Sr. no.3 is the letter addressed by Inspector, of Weight and Measure Department, the original of which is with the said office and the same is obtained under RTI by the plaintiff. He would submit that the document at Sr. no.4 is application filed by defendant with Senior ward officer and the original of which would be with said office and the office copy would be with the defendant. The document at Sr. no.5 is the affidavit of plaintiff and the defendant, the original of which is with the BMC. The document at Sr. no.6 is the license in the name of defendant and the original of which would be with the defendant. The documents were obtained under RTI by the plaintiff and therefore, the plaintiff is unable to give the inspection of those documents.
The reason given by the plaintiff appears to be cogent and justifiable. The plaintiff has obtained the copies of documents under RTI and therefore, it is not possible for him to give the inspection of the original documents as those are not in his custody. Hence, Ch/sum needs no consideration. Therefore, it is expedient to pass the following order.
ORDER
1. Ch/sum No.1549/19 is rejected.
2. Cost in the cause.
Nature Of Disposal: DISMISSED
Disposal Date: 05-12-2019