The court allowed an application seeking leave to file additional documents, subject to admissibility and relevancy being proved at the time of evidence before the Master.
Application allowed; documents permitted subject to proof and relevancy; matter listed before Additional Master-III.
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1
A.No.4514 of 2019 in C.S.No.376 of 2012
PUSHPA SATHYANARAYANA.J
This application is filed by the applicant/third defendant
seeking to grant leave to file the additional documents as stated in the judges summons.
and learned counsel for the respondents/plaintiffs 1 and 2.
going through the averments made in the affidavit, this Court is 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.
2
PUSHPA SATHYANARAYANAN.J,
srn
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-III 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.
The Registry is directed to list the matter before the learned Additional Master-III on 15.07.2019 for recording further evidence. The learned counsel for the applicant/third defendant shall produce the original documents 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.
03.07.2019
srn
A.No.4514 of 2019 in C.S.No.376 of 2012
1 issue framed by the court
Whether the application for leave to file additional documents should be allowed in the present circumstances.
Colour shows how this judgement treated each authority
Bipin Shantilall Panchal Vs. State of Gujarat and anotherApplied¶9
2001-3-SCC-1 (Bipin Shantilall Panchal Vs. State of Gujarat and another) · Who else cites this
Applicant/Third Defendant
Plaintiffs 1 and 2
Pushpa Sathyanarayan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Pushpa Sathyanarayan
Parties & counsel
