DYNAMATIC TECHNOLOGIES LTD. Vs. VIDYADHARA

JUDGEMENT

(1.) This petition is directed against the impugned common order passed on I.A.Nos.1 and 2 / 2023 in O.S.No.33/2016 by the XXXVII Addl. City Civil & Sessions Judge, Bengaluru, whereby the said applications filed by the petitioner under Order 7 Rule 14 CPC for permission to produce additional documents and Sec. 65-B of the Evidence Act, for permission to produce additional documents was allowed by the Trial Court.

(2.) Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record.

(3.) The material on record discloses that the respondent - plaintiff instituted the aforesaid suit against the petitioner - defendant for declaration and other reliefs and the said suit is being contested by the petitioner. During the course of evidence, respondent - plaintiff filed the instant applications seeking permission to produce additional documents. The said applications were opposed by the petitioner - defendant on the ground that similar applications, which had been filed earlier by the respondent having been dismissed, the respondent - plaintiff would not be entitled to once again file the instant applications, which were barred by principles of resjudicata. After hearing the parties, the Trial Court proceeded to pass the impugned order by allowing the applications.