Dismissed
Morarji Hariram v. Neera Handa Daughter of K.L.Handa and 2 Ors.
Bombay HCNMS/1617/2008
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.1617 OF 2008
IN
SUIT NO. 717 OF 2005
Morarji Hariram
... Plaintiff
Vs.
Neera Handa d/o.
K.L. Handa and Ors.
....Defendants
Mr.A. Joshi i/b. Sameer Sarmalkar for Plaintiff
None for Defendants
CORAM: V.M. KANADE J.
DATED: 15TH SEPTEMBER, 2009
P.C.
1.Heard the learned Counsel appearing on behalf of the
Plaintiff
2. None appears on behalf of the Defendants.
3.This Notice of Motion is taken out by the Plaintiff for
extension of time by six months for recording the evidence
by the Court Commissioner.
4.The learned Counsel appearing on behalf of the
Plaintiff submits that the Plaintiff�s evidence is over and
the Defendants for the first time are relying on the said
documents which were never relied upon by them in their
written statement and no affidavit of documents was filed.
No inspection was given of these documents by the
Defendants to the Plaintiff. He submitted that, therefore,
first this issue will be decided by this Court and
thereafter, the matter will be referred to the Court
Commissioner.
5.In view of the objection taken by the Plaintiff, this
Notice of Motion is dismissed. Liberty is granted to the
parties to apply for extension of time after the
controversy which is raised by the Plaintiff before this
Court.
(V.M. KANADE J.)
V.M. KANADE
As recorded by the court registry
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