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A.No.3670 of 2016

in C.S. No.781 of 2010

PUSHPA SATHYANARAYANA, J.

This application is filed by the applicant/defendant to file

additional documents set out in the Judges Summons filed along

with the application in the above suit.

2. Heard the learned counsel for the applicant/defendant as

well as the learned counsel for the respondent/plaintiff.

3. Considering the submission made by the learned counsel

appearing for the applicant/defendant and also going through the

averments made in the affidavit, I am inclined to allow the

application. However, the documents sought to be marked as

additional evidence can be marked subject to proof, relevancy and

admissibility at the time of evidence. This Court may follow the

procedures as per the decision of the Honourable Supreme Court

reported in 2001-3-SCC-1 (Bipin Shantilall Panchal Vs. State

of Gujarat and another) while dealing with the question of

admissibility of documents during the course of trial at the stage of

taking evidence when any objection is raised.

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PUSHPA SATHYANARAYANA, J.

vga

4.Therefore, the applicant/defendant is permitted to file the

documents, subject to proof and relevancy of those documents. It

is open to the parties to raise their objections with regard to the

admissibility and relevancy of those documents at the time of

recording the evidence before the learned Additional Master-IV and

the learned Additional Master-IV shall record such objections

leaving it to the Court to decide about the admissibility and

relevancy of those documents at the time of arguments.

5.With the above observations, this application is allowed.

The Registry is directed to list the matter on 15.09.2016 before the

learned Additional Master-IV for recording further evidence. The

learned counsel for the applicant/defendant shall produce the

original document before the learned Additional Master-IV at the

time of recording evidence. It is also directed that both the parties

shall co-operate with the learned Additional Master-IV in recording

the evidence.

31.08.2016

vga

A.No.3670 of 2016

in C.S. No.781 of 2010