SHIVA PRAKASH GIRISH Vs. A.LIGOURY DMELLO

JUDGEMENT

(1.) The petitioners, defendants in Com.O.S.No.352/2020 on the file of LXXXIX Additional City Civil and Sessions Judge, Bengaluru are before this Court, aggrieved by order dtd. 27/6/2023 rejecting I.A.No.14 filed under Ss. 148 and 151 of CPC praying to reject/discard the affidavit evidence of plaintiff tendered through plaintiff No.2; and to declare the act of respondents i.e. plaintiffs in introducing additional documents through Annexure-F (I.A.No.13 dtd. 20/3/2023) without leave of the Court as illegal.

(2.) Heard learned counsel Sri.X.M.Joseph for petitioners/defendants and learned counsel Sri.P.N. Manmohan for respondents/plaintiffs. Perused the writ petition papers.

(3.) Learned counsel for the petitioners would submit that the suit of the respondents/plaintiffs is for a judgment and decree directing defendants No.1 to 11 jointly and severally pay a sum of Rs.7,69,36,876.00 with interest at the rate of 12% p.a. and other sums along with damages as claimed in the suit. On 23/1/2023, when the suit was set down for plaintiffs' evidence, the learned counsel for respondent/plaintiffs filed an affidavit evidence dtd. 18/1/2023 of plaintiff No.2 said to have been sworn before the Assistant Consular Officer, Embassy of India, Muscat. Thereafter, on 20/3/2023, the plaintiffs/respondents herein filed I.A.No.13 to produce original/certified copies of documents. On 20/3/2023, plaintiff No.2/P.W.1 appeared before the Court and has sworn before the Presiding Officer, thereafter marked the documents in her further examination-in-chief. When the suit was set down for cross-examination, on 3/6/2023, the petitioners/defendants filed I.A.No.14 under Ss. 148 and 151 of CPC to reject/discard the affidavit evidence of plaintiff tendered through plaintiff No.2. The plaintiffs filed their objections to the said I.A. and prayed to dismiss I.A.No.14. The trial Court, under impugned order dtd. 27/6/2023 dismissed I.A.No.14 rejecting contentions of the petitioners/defendants.