CHARMINAR JOINTING PVT LTD Vs. JAGRITI PLASTICS LTD

JUDGEMENT

(1.) Present petition under Article 227 of the Constitution of India has been filed by petitioner challenging order dated 15th May, 2010 passed by Additional District Judge, Rohini, Delhi.

(2.) Vide impugned order, application under Order 7 Rule 14 of Code of Civil Procedure (for short as ,,Code) filed by respondent seeking leave to produce letter dated 18th February, 2008 was allowed.

(3.) Respondent herein, has filed a suit for recovery of Rs.4,09,551.12/- with future and pendente lite interest against the petitioner. The petitioner is contesting the suit. During the course of trial, respondent filed an application under Order 7 Rule 14 of the Code stating that petitioner confirmed the credit balance of Rs.3,38,472/- as on 18th February, 2008 payable by him to the respondent, vide letter dated 18th February, 2008. The said letter could not be filed along with the suit as the same was not traceable due to the shifting of record. Since, petitioner in its written statement has disputed its liability, therefore the said letter goes to the root of the case and respondent may be permitted to exhibit that letter in evidence.