M/S Harkaran Dass Deep Chand v. Anand Swaroop And ORS

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1255/2015 & C.M. No.31715/2015 M/S HARKARAN DASS DEEP CHAND ..... Petitioner Through Mr. Lalit Bharadwaj, Advocate versus ANAND SWAROOP AND ORS ..... Respondents Through Mr. Satya Prakash Gupta, Advocate

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 11.05.2016 The impugned order dated 16.09.2015 is set aside. One opportunity is granted to the petitioner / defendant to produce the afore noted documents in terms of his application under Order VIII Rule 1- A (3) of the CPC. It is made clear that no further opportunity shall be granted for the said purpose.

Counsel for the non-applicant / plaintiff points out that this application was filed by the petitioner in the fag end of the trial. Matter is fixed for final arguments. Matter will have to be re-agitated and defence evidence will necessarily once again have to be reinitiated. Submission being that the trial will unnecessarily get delayed.

In the above facts and circumstances and the submission of the petitioner that these documents are valuable and will enable him to

plead his defence more forcibly, in the interest of Justice, subject to payment of Rs. 15,000/- as cost the aforenoted documents be taken on record. Needless to state that the witness who will come into the witness box to depose qua the afore noted documents permission to cross examine the witness is granted to the non-applicant / plaintiff. Petition disposed of.

Order dasti under signatures of Court Master. INDERMEET KAUR, J MAY 11, 2016 gb