Final Order 1

Order Details: Notice of Motion
Pdf Text: 48 09.12.2021
SU 4643/11
@
NM 4815/19
Exh.2A
CORAM : HHJ KISHORE M. JAISWAL, JUDGE, CITY CIVIL
COURT,GR.MUMBAI (C.R.NO.1)
Adv. Pandey for the plaintiff present.
Adv. Pooja Mestri for the defendant present.
Order below NM 4815/19
Perused NM. Heard both the learned advocates.
It is an admitted fact that originally the suit was filed before the
Hon'ble High Court and it was listed in undefended suit.
After change in pecuniary jurisdiction, it was transferred to this
Court and suit is proceeded exparte. As per order in NM no.
4563/18 defendant was permitted to file w.s. The first affidavit
of evidence was filed on 28/08/2014. As now w.s is filed and
issues are framed, the plaintiff wants to file additional affidavit
of evidence. In my opinion if NM is allowed no prejudice will be
caused to defendant as defendant will certainly get an
opportunity to cross examine the witness. For fair trial and
proper adjudication of the case I pass the following order.
Order NM no. 4815/19 is allowed in terms of prayer clause
(a) .
Additional affidavit be taken on record and marked as
Exh.2A
NM is disposed of accordingly.
Matter is adjd to22.02.2022 for admission and denial of
documents.
Judge
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