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NAVIN CHAWLA
Shantivijay Jewelers – Appellant
Versus
Goyal Modes – Respondent
JUDGMENT
Navin Chawla, J. - CM 5010/2021(exemption)
Allowed, subject to all just exceptions.
CM(M) 120/2021& CM 5009/2021
1. This petition has been filed by the petitioners challenging the order dated 10.01.2020 passed by the learned Additional District Judge-04, Patiala House Courts, New Delhi, on application(s) filed by the petitioners seeking to place on record the additional documents in the suit filed by the respondents being CS No.59517/2016.
2. By the first application dated 23.09.2017, the petitioner herein sought to place on record the affidavit of evidence and cross examination of the father of the respondent no.2 herein, Sh.Mukund Sharan Goyal ,recorded in the suit being CS(OS) No.1853/1998 titled as M/s Goyal Fashions Ltd. vs. M/s Shanti Vijay Jewellers & Anr.
3. It is pertinent to note here that the affidavit of Sh.Mukund Sharan Goyal is dated 25.05.2005, which was tendered in evidence in the said suit on 28.07.2006, and the cross examination of Sh.Mukund Sharan Goyal was recorded on 25.08.2009.
4. The application filed by the petitioners did not disclose any reason whatsoever for not filing the same in the suit from which the present petition arises, for a period of eight y
The court emphasizes the importance of timely submission of evidence and disallows late applications without satisfactory explanations, reinforcing the principle of expeditious trial in litigation.
The court has the discretion to allow or reject applications to amend pleadings and introduce additional documents under Order VII Rule 14(3) of the Code of Civil Procedure. However, this discretion ....
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The court affirmed that procedural rules should facilitate justice, allowing for the admission of correction deeds and maintaining suits for injunction without a declaration when no cloud on title is....
A registered sale deed is not required to be attested by two witnesses. The primary evidence of a sale deed is the copy retained by the Sub-Registrar. Non-examination of attesting witnesses is not fa....
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