High CourtsSingle Bench(2023) 11 SHI CK 0034

Municipal Corporation, Nahan And Anr vs Ashwani Saini And Anr

High Court Of Himachal Pradesh · Decided on 4 November 2023

HON’BLE JUDGES
Satyen Vaidya, J
RESULT
Dismissed/Disposed Of
CASE NUMBER
CMPMO No. 517 Of 2023

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Judgment

7 paragraphs · 211 words

Satyen Vaidya, J

1.

Petitioners are aggrieved against order dated 01.09.2023, passed by learned Senior Civil Judge, Sirmour, District Sirmour, H.P. in C.M.A. No. 458-6 of 2023, whereby respondents have been allowed to place on record certain documents.

2.

Respondents herein are the plaintiffs in Civil Suit No. 4050 of 2013 before learned Trial Court and have claimed damages against petitioners herein/defendants. During the proceedings of Civil Suit, an application was filed by plaintiffs under Order 7 Rule 14(3) of the Code of Civil Procedure, for placing on record certain documents. Learned Trial Court has allowed the prayer.

3.

Learned counsel for the petitioners has submitted that prejudice has been caused to the petitioners as the documents have been allowed to be placed on record at a very belated stage. Parties have already led their evidence.

4.

In my considered view, the impugned order is nothing but an innocuous order. In a Civil Suit mere placing on record documents cannot cause prejudice to the other side as without proof of contents of documents in accordance with law, the same cannot be read.

5.

Accordingly, there is no merit in this petition and the same is dismissed.

6.

The petition is, accordingly, disposed of, so also the pending miscellaneous application, if any.