Ashok Manchanda v. Vijay Manchanda & ANR

$~37 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CM(M) 1374/2018, CM APPL.47022-47023/2018 ASHOK MANCHANDA ..... Petitioner Through:

Mr.Anupam Srivastava, Mr.Anil Kr.Chandel and Ms.Preeti Gupta, Advocates versus VIJAY MANCHANDA & ANR ..... Respondents Through:

None

CORAM:

HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 20.11.2018 1.

This petition assails the order dated 20.08.2018 whereby though the application under Order XVIII Rule 17 CPC and Order VII Rule 14 CPC for seeking permission of his examination and to file additional documents. The application was allowed only qua certified copies of the documents and it was observed if certified copies are not filed, the PW1 will not be allowed to examine the photocopy of documents. I do not find any infirmity in the order. It is submitted by learned counsel for the petitioner that he be allowed to prove the photocopies as the documents filed with Bank of Baroda are not traceable.

In any case, if the documents are not traceable the petitioner may prove it though secondary evidence, if the circumstances so allow. Since there is no infirmity in the order dated

20.08.2018, the petition being not maintainable is dismissed but with a liberty to the petitioner to file appropriate application before the learned Trial Court in this regard.

2.

Copy of the order be given dasti under signature of the Court Master.

YOGESH KHANNA, J.

NOVEMBER 20, 2018 VLD