Plaintiff sought leave to file three additional documents (amended trust deed, power of attorney, encumbrance certificate) during witness examination, explaining their omission from the plaint as inadvertent. The court allowed the application, treating them as public documents with the delay explained, subject to costs.
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Application No. 2528 of 2024 in C.S. No. 317 of 2014
Application No. 2528 of 2024 in C.S. No. 317 of 2014
Dr. G.JAYACHANDRAN, J. and
C.V.KARTHIKEYAN, J.
(Order of the Court is made by Dr. G.JAYACHANDRAN, J.)
The petition has been filed by the plaintiff seeking permission
to file three additional documents viz., (1) Amended Trust Deed, (2)
Power of Attorney and (3) Encumbrance Certificate in the course of examining the witness,
2. Though these documents are old, which came into existence even at the time of filing the plaint, the plaintiff states that due to inadvertant they were not included in the list of documents of the plaint by the plaintiff and seeks leave of this Court to receive the additional documents.
3. The respondent strongly opposed on the ground that the application filed belatedly and no reasons stated for not filing the documents at the first instance.
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Application No. 2528 of 2024 in C.S. No. 317 of 2014
Dr. G.JAYACHANDRAN, J. and C.V.KARTHIKEYAN, J. Maya
4. Considering the rival submissions, the documents, which are
public documents and the reason for not producing those documents at the time of filing the plaint being explained, this application stands allowed on payment of cost of Rs. 5,000/- on or before 24.07.2024.
Call on 24.07.2024.
[Dr. G.J.J.,] [C.V.K., J.] 10.07.2024
Maya
Application No. 2528 of 2024 in C.S. No. 317 of 2014
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1 issue framed by the court
Whether the plaintiff should be permitted to file three additional documents at the stage of witness examination despite the belated application.
G. Jayachandran
C.V. Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
