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1997 Supreme(Del) 964

K.S.GUPTA
UNITED INDIA PERIODICALS – Appellant
Versus
CENTRAL BANK OF INDIA – Respondent


Advocates Appeared:
P.N.LEKHI, R.K.Chadha, S.D.SHARMA

K. S. Gupta, J.

( 1 ) DEFENDANTS have filed this application under Order VII Rule 14 read with Section 151 Civil Procedure Code alleging that there is reference of the following documents in the paragraphs noted below of the plaint:-

1. Para 4 : Leased deed dated 21. 3. 75

2. Para 11 : Defendants letter dated 2. 1. 81

3. Para 15 : Lease deed dated 9. 11. 90

4. Para 28 :- Plaintiff s letters dated 31. 1. 92, 4. 4. 92, 9. 11. 92 and 21. 5. 94.

5. Para 30: - Plaintiff s legal notice dated 30. 5. 96: and

6. Para 31: Defendants reply dated 20. 6. 96.

( 2 ) AFORESAID documents have neither been filed nor copies thereof supplied to the defendants by the plaintiff. It was prayed that either the suit be rejected or the plaintiff be ordered to file the said documents and supply copies thereof to the defendants and the time for filing written statement be enlarged.

( 3 ) IN the reply plaintiff has alleged that copies of the documents in question stand delivered to the defendants on March 12,1997 and the application has, thus, been rendered infructuous.

( 4 ) IN the rejoinder filed to the reply it is not denied that copies of some of the documents in question stood delivered to the defendants on Ma












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