JUDGMENT

Tushar Rao Gedela, J. (Oral)

[The proceeding has been conducted through Hybrid mode]

CAV 104/2022

1. Since learned counsel for the respondent enters appearance, the caveat stands discharged.

CM(M) 383/2022

2. Petitioner challenges the order dated 08.04.2022 passed by the learned Trial Court in CS DJ 1325/2018 titled as "M/s Sriram Compounds Private Limited vs. Sameer Kaushik", whereby an application moved by the petitioner/defendant under Order VII Rule 14 of the CPC, 1908 seeking taking off the record, exhibit PW1/29, which is the Board Resolution dated 06.08.2021 and for de-exhibiting the same, was rejected.

3. Mr. Anuj Gupta, learned counsel appearing for the petitioner submits that it is an admitted position that the Board Resolution never formed part of the original list of documents which was filed along with the plaint. He submits that the said document was surreptitiously introduced subsequently, along with the evidence by way of an affidavit on 26.08.2021.

4. Learned counsel submits that vide the order dated 26.08.2021, the learned Trial Court had taken on record the evidence as also recorded the tendering of the said evidence by PW-1 and thereby, exhibit PW1/29,