M/S. Kamal Book House v. Pon Vidhyashram Cbse Schools

in C.S.(Comm.Div).No.26 of 2022 S.SOUNTHAR , J.

The instant application has been filed by the applicant/plaintiff seeking leave of the Court to produce certain additional documents in support of this application.

2. The applicant has filed the present suit for recovery of money towards books supplied to the defendant. Along with the application, the applicant wants to produce the partnership deed, partnership firm registration certificate Form-C, purchase orders received through E-mail, proof of delivery of books by the plaintiff to the defendant school and letter of the plaintiff dated 29.09.2018 to the defendant school.

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3. In the affidavit filed in support of this application, it is stated by the applicant that the suit was filed during lock-down period and hence, he could not file all material documents in support of the suit claim along with the plaint.

4. The learned counsel for the respondent vehemently opposed this application on the ground that the written statement has already been filed and therefore, the present applicant is not entitled to maintain the present application.

5. It is seen from the records that the plaint was presented on 19.03.2020 just two days before the announcement of Nationwide lock down and thereafter, there was a lock down.

6. In view of the assertion made by the applicant due to lock down, he could not produce certain material documents relating to 2/4

the suit claim and the same is produced as instructed by his counsel, this Court is inclined to allow this application.

7. Accordingly, this application is allowed. 16.06.2023 (1⁄2) dna 3/4

S.SOUNTHAR , J.

dna in C.S.(Comm.Div).No.26 of 2022 (1⁄2) 16.06.2023 4/4

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