This order permits the defendant to adduce evidence through a manager instead of the sole proprietor. A revised schedule for filing affidavits and examining witnesses was fixed.
The application to eschew D.W.1 was disposed of; evidence to be adduced through Mr. N.G. Yabesh in substitution for Mr. J. Srinivasan.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
A.No.1572 of 2022
A.No.1572 of 2022 in C.S.(Comm.Suits) No.926 of 2017
SENTHILKUMAR RAMAMOORTHY,J
This application is filed to eschew the evidence of D.W.1. By order dated 04.03.2022, a revised case management schedule was fixed for the examination of D.W.1. Pursuant thereto, D.W.1 was present before the learned Additional Master No.IV on 31.03.2022 to record evidence. However, on account of ill-health, as recorded by the learned Master, he was unable to depose. The present application is filed in these facts and circumstances.
the defendant to adduce evidence through Mr.N.G.Yabesh in substitution
for Mr.J.Srinivasan.
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A.No.1572 of 2022
rna
SENTHILKUMAR RAMAMOORTHY,J
convenience of counsel, the following schedule is fixed:
| Sl.No. | Activity | Dates | |
|---|---|---|---|
| 1. | Filing of proof affidavit of Mr.N.G.Yabesh (D.W.2). |
On or 20.04.2022 |
before |
| 2. | Examination of Mr.N.G.Yabesh. | 20.04.2022 29.04.2022 |
to |
| 3. | Service of proof affidavit of D.W.3 on the plaintiff. |
On or 06.06.2022 |
before |
| 4. | Examination of D.W.3. | 06.06.2022 17.06.2022 |
to |
20.04.2022 for recording evidence in accordance with the above schedule.
written arguments and convenience typed sets.
13.04.2022
rna
A.No.1572 of 2022 in C.S.(Comm.Suits) No.926 of 2017
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1 issue framed by the court
Whether to permit substitution of a witness in a commercial suit due to the original witness's illness.
SENTHILKUMAR RAMAMOORTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
