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2010 Supreme(P&H) 1439

AJAY TEWARI
Ajay Trading Company – Appellant
Versus
Karan Beej Bhandar – Respondent


Advocates:
For the Petitioner:Mr. U.K. Agnihotri, Advocate.

JUDGMENT

Ajay Tewari, J.:- This petition has been filed against an order declining the application of the petitioner to lead additional evidence.

2. The petitioner has filed suit for recovery on the basis of a pronote. However, admittedly no evidence of the said pronote or receipt was produced and evidence of the petitioner was closed by counsel. Thereafter the respondent-defendant led his evidence. When the case was fixed for rebuttal evidence, application was filed for leading additional evidence to the following effect:-

“Sir, It is submitted as under:-

1. That the above noted suit is now fixed for today for rebuttal and arguments.

2. That plaintiff wants to produce and wants to exhibit the documents which are on the judicial file but at the time of plaintiff’s evidence the plaintiff could not exhibit these documents. Although the plaintiff has mentioned above documents in his affidavit in examination-in-chief.

(i) Copy of legal notice dt. 9.9.2006 and postal receipt of the legal notice bearing No.1179 and the registered letter are necessary to be exhibited.

(ii) That the above mentioned documents are on the judicial file which are very much necessary to decide the case in the i










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