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18.01.2023

I.A. 1006/2023

1.

This application has been filed by the plaintiff under Section 151 read

with Order VII Rule 14(3) of the Code of Civil Procedure, 1908 (in

short, ‘the CPC’) seeking permission to file certain additional

documents on record.

2.

In the application, it is asserted that the suit and the replication were

filed during the COVID-19 pandemic. The applicant submits that the

documents were voluminous and bulky. Moreover, data was also

required to be analyzed before the same was filed before this Court.

3.

The learned counsel for the defendants waives the right to file the reply

to this application.

4.

He submits that the documents now sought to be brought on record

were all within the possession of the plaintiff, as is also admitted in the

present application. He further submits that these documents are not

relevant to the dispute between the parties.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 28/01/2024 at 13:57:46

5.

I have considered the submissions made by the learned counsels for the

parties.

6.

It is not denied by the plaintiff that the documents, which are now

sought to be brought on record, were in the power and possession of the

plaintiff at the time of filing of the suit and even at the time of filing of

the replication. The same have been filed, after issues have been

framed in the suit vide order dated 12.10.2022. However, at the same

time, the parties are yet to begin with their evidence. For ensuring

complete, fair and final adjudication of the disputes between the

parties, in my opinion, permission can be granted to the plaintiff to file

these additional documents on record, however, subject to costs.

7.

Accordingly, the documents filed along with the application are taken

on record. The same shall be without prejudice to the rights and

contentions of the defendants on the admissibility or relevance of these

documents.

8.

The plaintiff shall pay costs of Rs.15,000/- to the defendants. The

defendants shall also be at liberty to file any further documents

/additional pleadings/additional evidence in case it is so required to

rebut the documents now filed.

9.

The application is accordingly disposed of.

NAVIN CHAWLA, J

JANUARY 18, 2023

RN

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 28/01/2024 at 13:57:46