O P SANGHI Vs. MANUFACTURERS CO OP INDUSTRIAL ESTATE
HIGH COURT OF DELHI
MANUFACTURERS CO-OP.INDUSTRIAL ESTATE LIMITED
Referred Judgements :-
KHANCHAND SAINDAS V. U.O.I.
CHITTAR MAL V. SHANTI AYGARWAL
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Sultan Singh, J. -
(1.)This is an application under Order 13 Rule 2 read with Section 151 of the Code of Civil Procedure on behalf of defendant' 1 to 3 seeking leave to place on record copies of the resolutions dated 27th May, 1971, 10th June, 1972, 14th July, 1972, 28th September, 1972 30th November, 1972, 28th March, 1973 and 28th September, 1973 alleged to have been passed in the meetings of the Board of Directors of defendant No. 1 and a Copy of ledger Folio No. 312 and 318 of 1973-74.
(2.)It is alleged that defendant No. 1 is a Go-operative society that it takes decision by passing resolutions from time to time, that the minute book of the defendant No. 1 was put in cross-examination toP.W.3 Sardar Singh who was treasurer of defendant No, 1. It is alleged' that the said copies were prepared by the witness D.W. 1 and attested by the Joint Director of Industries, that the documents are relevant and necessary for the decision of the suit, that relevancy and genuineness cannot be disputed, that the plaintiff is not taken by surprise, and that technically there is no delay and the documents will advance ends of justice Under these circumstances it is prayed that leave be granted for placing these documents on record within the meaning of Order 13Rulesl and 2 of the Code of Civil Procedure.
(3.)Learned counsel for the plaintiff submits that the claim in suit is for recovery of money for the work done by the plaintiff for the defendants. The issues in the suit were framed on 29th August, 1978. The first witness Public Witness . 1 was examined on and from 26th August, 1981. The plaintiff closed his evidence on 7th April, 1983, that no cause has been disclosed in the application for non-filing of the documents during the period from September, 1978 to this date.
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