Final Order 1

Order Details: Other
Pdf Text: 1 C.R. No.03
Daily Status
IN THE COURT OF :COURT 03 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0103003/2022
SUDHA RAGHUVEER PRASAD GUPTA Vs SMT SUNITA VINOD GUPTA AND 5 ORS
Date : 22-04-2024
Business : Adv. Rakesh Agarwal for Plaintiff present. Adv. O. P. Singh
for defendant no. 5 present. Heard both sides. Order below
Notice of Motion No. 3003 of 2022. Perused NM, reply and
record. The defendant no. 5 is praying to permit him to file
additional evidence on record. He has submitted that in the
partition suit all the party should be impeded. For that
purpose the defendant no. 5 was allowed to carry out
proposed amendment vide order passed in C/s No. 423/2023.
The defendant no. 5 has filed amended copy of Written
Statement. Now he wants to file additional evidence after
carrying out the amendment. The plaintiff has opposed this
NM on the ground that the document which is sought to be
produced on record is irrelevant and the defendant no. 5 can
not be permitted to bring it on record. Therefore they are
seeking dismissal of the NM. The roznama indicates that the
defendant no. 5 has tendered affidavit in chief. The
documents were exhibited. It is seen that the cross-
examination is not commenced. Under such circumstances,
in view of the amendment in the Written Statement of
defendant no. 5 , he can be allowed to adduce additional
evidence. Considering the facts and circumstances of this
case the NM needs to be allowed. Hence I proceeded to pass
following order ORDER 1. The Notice of Motion No. 3003
of 2022 is hereby allowed. 2. The defendant no. 5 is
permitted to adduce additional evidence. 3. Costs in cause. 4.
The Notice of Motion No. 3003 of 2022 is disposed of
accordingly. Matter stands adjourned on 25-06-2024 for R/E.
Nature of Disposal : ALLOWED
Disposal Date : 22-04-2024
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