JAYANT NATH
VENUS HOME APPLIANCE (P) LTD. – Appellant
Versus
SUJIT KANORIA – Respondent
JAYANT NATH, J.
1. By the present petition, the petitioner seeks to impugn the order dated 03.09.2015 passed by the trial court. By the said order, the trial court dismissed the application filed by the petitioner/plaintiff under Section 151 CPC for placing on record Power of Attorney in favour of Sh. S.Uday against the Resolution dated 03.12.2007 which is already on record.
2. The trial court noted that the suit had been filed in 2007 and now the GPA which is sought to be filed is dated 24.04.2015 and hence, was not in existence in the year 2007. Relying upon Order 7 Rule 14(3) CPC, the trial court noted that the new document can be produced by the plaintiff at the final hearing of the suit but the same has to be done with the leave of the court. The trial court also noted that the only reason given for filing these documents at this belated stage is “on account of inadvertence and oversight that the said documents could not be filed earlier and to rectify technical error raised by the counsel for the defendant”. The trial court further concludes that it is apparent that all these documents were throughout in power and possession of the plaintiff and hence, the applicati
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