M/S.Larsen And Turbo Ltd v. Mr. S. Seshagiri Rao

A.No.6554 of 2019 in C.S.No.544 of 2007 PUSHPA SATHYANARAYANA.J This application is filed by the applicant to receive and mark the additional documents being filed by the applicant/plaintiff mentioned above as Exhibit 1 to 7.

2. Heard the learned counsel for the applicant and learned counsel for the respondent.

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/defendant is permitted to file the documents, subject to proof and relevancy of those documents. It is open http://www.judis.nic.in

PUSHPA SATHYANARAYANA.J, dpq 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-II 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-II on 18.11.2019 for recording further evidence. The learned counsel for the applicant/defendant shall produce the original document before the learned Additional Master at the time of recording evidence. It is also directed that both the parties shall co-operate with the learned Additional Master-III in recording the evidence. The learned Master is directed to complete the evidence within a period of three weeks. 05.11.2019 dpq http://www.judis.nic.in