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Delhi District Court

C. Lal Gupta vs Sujoy Gupta on 21 December, 2013

               IN THE COURT OF SH. SONU AGNIHOTRI,
        ADDL. SENIOR CIVIL JUDGE-CUM- JUDGE SMALL CAUSE
                   COURT-CUM- GUARDIAN JUDGE,
                    DISTRICT: SOUTH, NEW DELHI.


   CS No. 58/11


   C. LAL GUPTA                                             .......... Plaintiff.

                                          Vs.


   SUJOY GUPTA                                              .......Defendant.


                                      ORDER

21.12.2013 Vide this order, I shall dispose of an application filed by defendant under Section 151 CPC.

Relevant facts as stated in the application are as follows:-

1. In the application, it is stated that defendant wants to file some relevant documents on record i.e. certified copy of complaint in CC No. 468/1 titled as "M/s Dhanesh Chit Fund Pvt.

Ltd. Vs. Sujoy Gupta" in which in Para No. 2 at Page No. 2, it has been stated that "the accused have issued number of cheques of Chit Installment to the complainant" and certified CS No. 58/11 Page No. 1 of 6 copy of another case bearing CC No. 4605/04 titled as "M/s C. Lal Chit Fund (P) Ltd. Vs. Sujoy Gupta" in which in Para No. 2 at Page No. 2, it has been stated that "the accused have issued 25 cheques of Chit installment to the complainant." It is stated that the documents sought to be filed are important in the present matter for defence of defendant.

2. Defendant has prayed for permitting defendant to file above mentioned documents on record in the interest of justice.

3. Reply to the application was filed by plaintiff. In reply, it is stated that matter is fixed for final arguments. It is stated that defendant wants to delay proceedings on one pretext or the other. It is stated that defendant has already exhibited certified copy of one of the case referred to in the application as Ex. D-1/B i.e. statement of plaintiff herein in that case. It is stated that certified copy of complaint/evidence in case titled as "Dhanesh Chit Fund Vs. Sujoy Gupta" has been obtained by defendant on 02.03.2012 as engraved on seal impression of the copying agency and that defendant was cross examined in the present case on 20.05.2013. It is stated that defendant has failed to show as to why he has not produced these documents which were very much in his possession at relevant point of time. It is stated that defendant should not be allowed to fill up CS No. 58/11 Page No. 2 of 6 lacuna after DE is closed and matter is fixed for final arguments. It is stated that application of defendant is not supported by affidavit of defendant.

4. It is stated that as per amended CPC, defendant cannot be allowed to file any document after filing of WS without permission of Court and that too before closing of his evidence.

5. Plaintiff has prayed for dismissing application of defendant with exemplary costs.

6. I have heard arguments addressed by respective counsels and perused the record including judgment filed on behalf of defendant.

7. Defendant has filed judgment in case titled as "Santosh Aggarwal Vs. Pardeep Kumar and Others 2010 (5) RCR (Civil) 37". In this judgment Hon'ble High Court of Punjab and Haryana has held that:

"Production of documentary evidence - After 2001 amendement in CPC documentary evidence is to be filed along with pleadings and if not filed with pleadings, same can be CS No. 58/11 Page No. 3 of 6 produced, with leave of the Court at subsequent stage also - However, in this case documents sought to be filed were not in existence at the time of filing of the pleadings and during the production of evidence - Application of the plaintiff seeking permission to place on record documentary evidence is allowed - However, admissibility of the documents and relatability of the documents shall be seen at the time of final disposal of the case."

8. Judgment of Santosh Aggarwal (Supra) filed by defendant is not applicable in facts and circumstances of present case. It is not case of defendant that copies of complaint/evidence certified copies of which have been filed by him alongwith present application were not in knowledge and possession of defendant prior to date of filing of present application. Defendant is himself accused in both the complaints referred to by him in his application. Certified copy of affidavit of plaintiff in CC No. 468/01 as filed by defendant with present application shows that affidavit has been attested on 16.10.2010 and certified copy has been obtained by defendant on 03.03.2012. Certified copy of complaint under Section 138 NI Act as filed by defendant with present application in CC No. 4605/04 shows that complaint is CS No. 58/11 Page No. 4 of 6 dated 21.09.2010. It is not case of defendant that he appeared in both the above mentioned criminal complaints just before 28.09.2013 i.e. date of filing of present application.

9. From my discussion in last para, it appears that defendant was in the knowledge and possession of copies of evidence/complaint since long and that he could have brought them on court record in cross examination of plaintiff (conducted on 24.11.2012) or in his own evidence (close on 20.05.2013) but he choose to bring them on record when the matter was fixed for final arguments. Perusal of record shows that defendant before filing of present application took adjournments for addressing final arguments which fact shows nothing but that intention of defendant is to delay trial of present case.

10. Further no logic/reasoning has been given by defendant in his application as to how brining of these documents on record would help him in his defence. Relevance of documents sought to be brought on record has not been disclosed by defendant. Further application has not been filed by defendant under appropriate provision of law (application should have been filed by defendant under Order 8 Rule 1A CPC).

11. In view of my discussion in various preceding paras, I am of the view that application filed by defendant is without merits and does not deserve to be allowed. Application is accordingly dismissed.

Announced in open Court on 21.12.2013 Sonu Agnihotri JSCC-cum-ASCJ-cum-GJ South District, Saket Courts, New Delhi.