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1979 Supreme(Bom) 216

AGRAWAL
Ramnath Nandlal Dhoot – Appellant
Versus
B. R. Shroti – Respondent


Advocates:
P.K. Thakore with C.J. Shah and C.S. Dhavan, for Plaintiffs; H.G. Advani with D.J. Dalal, for Defendants.

ORDER :- The day-to-day hearing of this suit is interrupted on account of the 2nd defendants producing documents which are neither disclosed in the affidavit of documents nor produced at or before the settlement of issues. The Plaintiffs have closed their case. The 1st defendant is absent throughout. The 2nd Defendants' first witness examination-in-chief is in progress. The plaintiffs strongly object to the production of the documents on several grounds. In order to appreciate the controversy, a brief note of the nature of the suit be made.

2. There are two plaintiffs. The 1st Plaintiff's claim that on 20th February 1969 the 1st Defendant appointed them as pucca Adatiyas. The 1st Plaintiffs sold to the 2nd Plaintiffs caster-seeds by two contracts dated 24th February, 1969, and 1st March, 1969. The 2nd defendants South-Central Railway had appointed the 1st defendant as Out-Agency Contractor at Karimnagar and the term of the 1st Defendant was expiring on 28th February, 1969. The 1st Defendant forwarded to the 1st Plaintiffs two railway receipts both D/-27-02-1979 on the basis of which, according to the 1st Plaintiffs they collected Rs. 40,000/- from the 2nd plaintiffs on 3rd March, 1



























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