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2002 Supreme(Del) 618

B.N.CHATURVEDI
KIRPAL CHAND – Appellant
Versus
SKIPPER CONSTRUCTION COMPANY (PRIVATE) LIMITED – Respondent


B. N. CHATURVEDI

( 1 ) BY this application, the plaintiffs seek to file certified copies of the records of CWP. Nos. 2354/03, 1529-A/03 and 280/90, wherein the defendants 1 and 2 are said to have been parties to the proceedings. The application is being opposed on behalf of the defendants on the ground that no good cause is shown for not filing the same with the suit or at any stage before settlement of issues in spite of the certified copies having been in power and custody of the plaintiffs. On behalf of the defendant No. 3, it is contended that the defendant No. 3 was not a party to the said proceedings and by filing the certified copies of the records in question, the defendant No. 3 cannot be taken by surprise.

( 2 ). In the application, no specific reason for not filing these copies with the suit or before settlement of issues is stated but the learned Counsel for the plaintiffs takes me through the plaint to point out that there is already a mention of the said writ petitions.

( 3 ). By filing the certified copies in question, the plaintiffs seek to prove various instances of lapses on the part of defendant No. 1, which eventually accounted for cancellation of the agreement i





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