JUDGEMENT
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(1.)The defendants had filed an affidavit of evidence along with
large number of copies of documents. The plaintiff filed application
being I.A. 142/2013 objecting to taking on record of the affidavit of
evidence and the documents. The defendant filed I.A. 14181/2013
seeking condonation of delay in filing affidavit and documents. The
respective applications were replied and contested by the parties.
(2.)The defendants submit that vide order dated 5th
November, 2012
this Court directed them to file affidavit of evidence within four weeks.
The date of recording of evidence before the Local Commissioner
being of 14th
December 2012, they supplied copy of the affidavit with
copies of documents to the plaintiff's counsel on 12th
December, 2012
and submitted the affidavit of evidence and documents before the
Local Commissioner on 14th
December 2012 and since there was
change of Manager of the defendants, the documents could not be
traced earlier, but they could be traced only when the deponent of the
affidavit Mr. Khullar took over the charge, that the documents were
traced with great efforts and it was because of this that there was delay
of 8 days in filing affidavit and the copies of documents. The
defendants have prayed for condonation of this delay of 8 days.
(3.)On the other hand, the plaintiff has chosen not only to reply and
contest the above application of the defendants, but had earlier filed a
separate application being I.A.14281/2012 objecting to the taking on
record of the affidavit of evidence as also the documents. The plaintiff
submits that it is not only the delay of 8 days, as alleged by the
defendants, but the copies of the documents which are sought to be
filed along with the affidavit could not be taken on record as neither
any leave was taken from the Court before filing these documents, nor
any cause much less sufficient has been set out as to non filing of these
documents along with the plaint or before the settlement of issues.
Further, it is also the plaintiff's case that, in any case the copies of the
documents which are sought to be filed along with the affidavit could
not be proved in the statement of witness as these documents are the
photocopies of debit notes in the names of the third parties. The
learned counsel appearing for the plaintiff has taken me through the
proceedings to highlight the conduct of the defendants in having
delayed the trial.
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