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2021 Supreme(Del) 1207

AMIT BANSAL
Hi-Tech Geosynthetics Pvt. Ltd. – Appellant
Versus
Shubh Constructions Co – Respondent


Advocates appeared:
Durgesh Pal, Advocate, Yash Anand, Advocate

JUDGMENT

Amit Bansal, J. - CMs 26293/2021 & 26294/2021 (both for exemption)

    Allowed, subject to just exceptions.

    2. The applications stand disposed of.

      CM(M) 531/2021 & CM 26292/2021 (for restraining the Ld. ADJ from passing final order in the suit)

      3. The present petition under Article 227 of the Constitution of India impugns the order dated 19th March, 2021 passed by the Trial Court in terms of which, two applications filed by the petitioner (i) under Order VII Rule 14 (3) of the Civil Procedure Code (CPC) for bringing certain documents on record; and (ii) under Order XVIII Rule 17 of the CPC for leading evidence to prove the same, have been rejected.

      4. The Trial Court while dismissing the aforesaid applications filed by the petitioner has reasoned that (i) the documents sought to be placed on record by the petitioner were in possession of the petitioner at the time of recording of evidence, however, the petitioner chose to wait until the stage of final arguments to place the same on record to fill the lacuna in its case; and (ii) no cogent reason has been given by the petitioner for the delay in placing the said documents on record and for leading additional evidence.

      5. The counsel

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