Final Order 1

Order Details: Other
Pdf Text: 4.10.2019
SU 8908/94
Exh.5B
Exh.6A
Exh 25
Exh 26
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
Adv. for Plaintiff absent.
PW1 (Plaintiff no 1b)Mr. Sudesh Joshi present.
Adv. Megha Shigavan for defendant present.
Draft notice of motion filed by plaintiff.
O Leave granted to register it
Copy is given to other side.
KB
Reply filed by advocate for defendants to draft notice of motion.
Heard both sides.
ORDER PASSED BELOW DRAFT NOTICE OF MOTION
Draft notice of motion is taken out to lead additional
evidence along with additional list of documents. Plaintiff
Sudesh Joshi wants to file additional affidavit of evidence on
the count that same is necessary for full and final adjudication
of subject matter. Defendants have no objection to allow
present notice of motion without prejudice to their rights.
It is settled law that party to the proceeding can file
additional affidavit of evidence. Considering this legal position
and that, defendants have no objection to allow draft notice of
motion I am inclined to allow draft notice of motion. Hence,
pass following order.
ORDER
1. Draft notice of motion is allowed and made absolute in
terms of prayer clause (a).
2. Plaintiffs are permitted to file additional affidavit of
evidence of PW1 along with compilation of documents.
3. Draft notice of motion be registered for statistical purpose.
4. Accordingly, draft notice of motion is disposed off.
Additional affidavit of evidence of PW1 Sudesh Joshi filed on record
and marked as Exh.5B
Compilation of documents marked as Exh.6A
Copy is given to other side.
Say filed by advocate for defendants to Exh.6A.
Perused Exh.6A, say of defendants and additional affidavit of
evidence of PW1 Sudesh Joshi, following documents are marked
exhibits as document at Sr.No.1 is office copy of application given by
witness himself and other being true copy of electoral roll extract
issued by public authority.
Ex.25 office copy of application 30.03.2016
Ex.26 True copy of electoral roll extract
Adjd. for cross examination to 19.10.2019
Judge
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