Rajendra K Sheth v. Vijaay K Sheth
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 11TH DAY OF JULY 2019 THE HON'BLE MS. JUSTICE PUSHPA SATHYANARAYANAN A.NO.1815 OF 2019 IN C.S.No.104 of 2000 1.Vijaay K.Sheth, 98/1, Mahlingapuram Main Road, Nungambakkam, Chennai 600 034 2.Manish K.Sheth, 98/1, Mahlingapuram Main Road, Nungambakkam, Chennai 600 034 3.Manoj K.Sheth, 98/1, Mahlingapuram Main Road, Nungambakkam, Chennai 600 034 ..Plaintiffs -vs1.Bipin K.Sheth, 2.Premkumaar K.Sheth, 3.Mukesh K.Sheth, 4.Rajendra K.Sheth, 5.Jesmin K.Sheth,
6.Mrs.Urmilla K.Sheth, 1 to 6 residing at 16 st Main Road Gandhi Nagar, Adayar, Chennai 600 020 7.C.J.Sheth Construction Company 8.Sugesan Finance and Investments 9.Keci Seth Sons 10.SRC Tools (P) Ltd., 7 to 11 located at No.7, 2 nd Canal Cross Road, Gandhi Nagar, Adyar, Chennai 600 020 12.Priti B.Seth, 13.Bharati P.Sheth, 14.Sheela M.Seth, 15.Kokila R.Seth, 16.Poonam J.Seth 12 to 16 are residing at New No.33, Old No.16 st Main Road Gandhi Nagar, Adayar, Chennai 600 20 17.Nandini V.Seth, residing at No.1A, Srianjani Apartments, No.12, Subbaraya Avenue, Abhiramapuram, Chennai 600 018
18.Yaamini K.Seth residing at No.29 Suraksha Enclave, DP Road, Anand, Pune 19.Hema M.Seth residing at No.1C-KG Spring Manor 23, 1 st Main Road, Shastri Nagar Adyar, Chennai 600 20 ..Defendants 7 to 19 **Defendants 7 to 19 impleaded as per order of this Honble Court dated 16.09.2010 made in A.No.2447/2009 A.NO.1815 OF 2019:
Rajendra K.Sheth, No.7C, 2 nd Canal Cross Road GandhiNagar, Adayar, Chennai 600 020 ...Applicant/4 th Defendant -vs1.Vijaay K.Sheth, No.15, ARK Colony, Eldams Road, Alwarpet, Chennai 600 018 ...1 st Plaintiff 2.Manish K.Sheth, No.29, Suraksha Enclave, DP Road, Anand, Pune ..2 nd Plaintiff 3.Manoj K.Sheth Flat No.1-C, KG Spring Manor, No.23, 1 st Main Road, Sastrinagar Adyar, Chennai 20 ..3 rd Plaintiff
4.Bipin K.Sheth, 16, 1 st Main Road, Gandhi Nagar, Adayar, Chennai 600 020 ...1 st Defendant 5.Premkumaar K.Sheth, No.7C, 2 nd Canal Cross Road, Gandhinagar, Adayar, Chennai 600 020 ..2 nd Defendant 6.Mukesh K.Sheth, No.7C, 2 nd Canal Cross Road, Gandhinagar, Adayar, Chennai 600 020 ..3 rd Defendant 7.Jesmin K.Sheth, No.7C, 2 nd Canal Cross Road, GandhiNagar, Adayar, Chennai 600 020 ...5 th Defendant 8.Mrs.Urmilla K.Sheth(Deceased) 16, 1 st Main Road, Gandhinagar, Adayar, Chennai 600 020 ..6 th Defendant 9.C.J.Sheth Construction Company 10.Sugesan Finance and Investments 11.Keci Seth Sons 12.Sugesan Mines & Minerals Pvt.Ltd, 13.SRC Tools (P) Ltd., Respondents 9 to 13 at No.7C, 2 nd Canal Cross Road, Gandhi Nagar, Adyar, Chennai 600 020
14.Priti B.Seth, 15.Bharati P.Sheth, 16.Sheela M.Seth, 17.Kokila R.Seth, 18.Poonam J.Seth No.7C, 2 nd Canal Cross Road, Gandhi Nagar, Adayar, Chennai 600 020 19.Nandini V.Seth, No.15,ARK Colon, Eldams Road, Alwarpet, Chennai 600 018 20.Yaamini K.Seth residing at No.29 Suraksha Enclave, DP Road, Anand, Pune 21.Hema M.Seth residing at No.1C-KG Spring Manor 23, 1 st Main Road, Shastri Nagar Adyar, Chennai 600 20
...Respondents/Defendants 1 to 19
(Defendants 7 to 19 Impleaded as per order of this Honble Court dated 16.09.2010 in A.No.2447/2009) Application praying that this Honble Court be pleased to pass an order permitting the defendants 2 to 5, 7 to 11 and 13 to 16 to receive the additional documents in Schedule
No.1 to 11 through DW2.
This Application coming on this day before this Court for hearing the court made the following order: This application is filed by the applicant/fourth defendant to permit the defendants 2 to 5, 7 to 11 and 13 to 16 to receive the additional documents in Sl.No.1 to 11 through D.W.2.
2.
Heard the learned counsel for the applicant/fourth defendant and the learned counsel for the third respondent/third plaintiff.
3. Considering the submissions made on either side and also going through the averments made in the affidavit, I am inclined to allow the application but however the documents sought to be marked as additional evidence can be marked subject to proof, relevancy and admissibility at the time of evidence. This Court may follow the procedures as per the decision of the Honourable Supreme Court reported in 2001-3-SCC-1 (Bipin Shantilall Panchal Vs. State of Gujarat and another) while dealing with the question of admissibility of documents during the course of trial at the stage of taking evidence when any objection is raised.
4. Therefore, the applicant/fourth defendant is permitted to file the documents, subject to proof and relevancy of those documents. It is open to the parties to raise their objections with regard to the admissibility and relevancy of those documents at the time of recording the evidence before the learned Additional Master-IV and the learned Master shall record such objections leaving it to the Court to decide about the admissibility and relevancy of those documents at the time of arguments.
5. With the above observations, the application is allowed. The Registry is directed to list the matter before the learned Additional Master-IV on 30.07.2019 for recording further evidence. The learned counsel for the applicant/fourth defendant shall produce the original document before the learned Additional Master-IV at the time of recording evidence. It is also directed that both the parties shall co-operate with the learned Additional Master-IV in recording the evidence.
Sd/.P.S.N.J 11.07.2019 //Certified to be a true copy// Dated this the day of 2019.
R.s/16.07.2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.