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CHANDRA KUMAR SONGARA
Ajay Bansal – Appellant
Versus
United Township Corporation – Respondent
ORDER
1. Instant writ petition has been preferred on behalf of the defendant-petitioner challenging the impugned order dated 15.02.2021 passed by the Court of Additional District & Sessions Judge, No.2, Jaipur Metropolitan-II, Jaipur, whereby the application under Order 7 Rule 14 (3) read with Section 151 of C.P.C. filed by the plaintiff-respondent, in Civil Suit No.33/2020 (137/2012), titling as M/s. United Township Corporation Vs. Ajay Bansal, had been allowed, subject to payment of cost of Rs.2000/-.
2. Facts of the case, in nut-shell, are that the plaintiff-respondent instituted a civil suit for declaration, possession, mandatory and permanent injunction against the defendant-petitioner. The plaintiff-respondent filed an application under Order 7 Rule 14 (3) read with Section 151 of C.P.C. on 23.01.2020 (Annexure-2), which was allowed by the Court below vide its impugned order dated 15.02.2021, subject to payment of cost of Rs.2000/-. Hence, this petition before this Court.
3. Learned counsel appearing for the defendant-petitioner has submitted that Annexure-8 - Minutes of the meeting of the Board of Directors of Chordia Buildcon Private Limited is neither original nor certified c
Documents submitted as evidence must be original or certified copies to be admissible in court, as per the provisions of the C.P.C.
The main legal point established in the judgment is the permissibility of amendments at any stage of the proceedings, the necessity of amendments for determining the real questions in controversy, an....
The main legal point established in the judgment is that evidence produced by the parties cannot be considered in the absence of pleading, and parties should not be permitted to travel beyond their p....
The court upheld the Trial Court's decision on the admissibility of secondary evidence and the valuation of the suit, emphasizing the burden of proof lies with the petitioner.
The main legal point established in the judgment is that a Commercial Court cannot permit a party to lead fresh evidence after the matter is posted for arguments if the procedural requirements under ....
The court established that a defendant must produce relevant documents at the time of the written statement and provide valid reasons for any subsequent applications to introduce documents; failure t....
The court upheld the trial Court's decision, affirming that certified copies of public documents are admissible without original records unless substantial reasons are provided otherwise.
The main legal point established in the judgment is that the court has the discretion to allow the necessary amendments in pleadings and can impose costs for frivolous litigation.
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