CR No.7806 of 2012 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CR No.7806 of 2012 (O&M)

Date of Decision: 23.09.2014

Atul Coal Traders, Moti Nagar,

Lothian

..... Petitioner

Versus

M/S JCT Ltd. G.T. Road,

Hagar and others

... Respondents

CORAM:- HON'BLE MR. JUSTICE RAJIV NARAIN RAINA

Present:

Mr. M.L. Saggar, Sr. Advocate,

with Mr. Gaurav Grover, Advocate,

for the petitioner.

Mr. Vikas Singh, Advocate,

for the respondents.

1. To be referred to the Reporters or not?

2. Whether the judgment should be reported in the Digest?

RAJIV NARAIN RAINA, J.

In this order the parties are referred to by their original positions

in the suit. Plaintiff has brought this revision against the order dated

October 09, 2012 passed by Civil Judge (Junior Division), Ludhiana

ordering de-exibition of documents produced by plaintiff's witness No 2 in

his examination-in-chief submitted by way of an affidavit as permitted by

the amended Code of Civil Procedure, 1908 (for short the 'CPC') .

The plaintiff is a coal dealer in Ludhiana. He supplied coal to

the defendant – M/s JCT Limited since 1995 from which dealings has

arisen a suit for recovery of Rs.55.63 lacs and odd along with pendente lite

and future interest @18% per annum from the date till realization, filed by

the plaintiff against defendants M/s JCT Ltd. and its Director/s and

MANJU

2014.10.07 14:45

I attest to the accuracy and

authenticity of this document

Chandigarh

CR No.7806 of 2012 (O&M)

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functionaries. There was a current mutual running business account in

operation between the parties during the period of their business dealings.

The amounts which have remained unpaid by the defendants were alleged

to be carried forward from year to year while certain amounts were paid by

M/s JCT Limited during the financial year in the passing. The plaintiff

requested the defendants to make good the balance payments in 2001 after

adjusting the calorific value of the coal supplied by M/s JCT Limited after

allowing + - 5% tolerance while making the adjustments. The plaintiff

submitted a bill wise claim to the defendants. The defendants paid an

amount of Rs.45,978/- on January 14, 2003 and the last stock of coal

supplied was against bill dated October 29, 2002 afterwhich the business

relationship snapped and the present suit was instituted for recovery of

money. The ongoing deals between the parties was based on bills, the

originals of which were stated to be with M/s JCT Ltd. and copies thereof

with the plaintiff.

The defendants after service of notice of the suit contested the

law suit on appearance through their counsel in November 2006. The case

was adjourned for filing of the written statement in the third week of

December 2006. In between, the defendants filed an application for

production of documents. In the reply to the application, the plaintiff

pointed out that the bills are in possession of the defendants as well as the

reports of calorific value when supplies were made against invoices. It was

objected that the application had been filed only to prolong the filing of the

written statement and to delay the trial. The trial Court made an order on

July 20, 2007 calling upon the defendants to file written statement by

MANJU

2014.10.07 14:45

I attest to the accuracy and

authenticity of this document

Chandigarh

CR No.7806 of 2012 (O&M)

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August 21, 2007 observing that the documents were already on record on

the basis of which relief of recovery of money was prayed for. The

defendants filed their written statement and the issues were framed on July

21, 2008. The evidence started. Jaswant Rai Gupta, proprietor of the

plaintiff firm filed an affidavit by way of evidence and appeared as PW-1.

Together with the affidavit, he presented documents were sought to be

exhibited mentioned as PW-1/1 to PW1/42. The reception of these

documents were objected to by the defendants on the ground of want of