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2006 Supreme(Del) 1534

REVA KHETRAPAL
SOCIETE DES PRODUCTS NESTLE S. A. – Appellant
Versus
ESSAR INDUSTRIES – Respondent


Advocates Appeared:
DUSHYANT DAVE, HEMANT SINGH, K.MAHANT, Sachin Gupta, SURYAKANT SINGLA


REVA KHETRAPAL, J.

( 1 ) THE plaintiffs have filed the present application under Section 65 of the Indian Evidence Act, 1872 read with Section 151 of the Code of Civil procedure praying for leave to place on record the supplementary affidavit of mr. Balasubramaniam Murli ( (PW-1) and affidavit of Ms. Venita Gabriel, both dated 29th April, 2005.

( 2 ) LEAVE is sought by the plaintiffs to file supplementary affidavit of mr. Balasubramaniam Murli ( (PW-1) on the ground that the Power of Attorneys in favour of Mr. M. S. I. Lakdawala, Ex. P-1-B and Ex. P-53, the originals of which were with the plaintiffs, have been lost/misplaced and despite all reasonable efforts made by PW-1 Mr. Balasubramaniam Murli, the same could not be traced out. Accordingly, it is prayed that the photocopies of the same, already on record, be accepted and allowed to be proved as secondary evidence.

( 3 ) LEAVE is also sought by the plaintiffs to file the affidavit of ms. Venita Gabriel in view of the amendment of Section 65 of the Indian Evidence act, 1872. According to the plaintiff, inadvertently, the said amendment, incorporating sections 65a and 65b, which deal with the mode and manner in which electroni
















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