KIRPAL CHAND Vs. SKIPPER CONSTRUCTION COMPANY PRIVATE LIMITED

JUDGEMENT

(1.) By this application, the plaintiffs seek to file certified copies of the records of CWP.Nos.2354/03, 1529-A/03 & 280/90, wherein the defendants 1 & 2 are said to have been parties to the proceedings. The application is being opposed on behalf of the defendants on the ground that no good cause is shown for not filing the same with the suit or at any stage before settlement of issues in spite of the certified copies having been in power and custody of the plaintiffs. On behalf of the defendant No.3, it is contended that the defendant No.3 was not a party to the said proceedings and by filing the certified copies of the records in question, the defendant No.3 cannot be taken by surprise.

(2.) . In the application, no specific reason for not filing these copies with the suit or before settlement of issues is stated but the learned Counsel for the plaintiffs takes me through the plaint to point out that there is already a mention of the said writ petitions.

(3.) . By filing the certified copies in question, the plaintiffs seek to prove various instances of lapses on the part of defendant No.1, which eventually accounted for cancellation of the agreement in its favour by the plaintiff before approaching this Court to seek possession by way present suit. There is no argument on behalf of the defendants that the certified copies in question are not relevant for a fair and just decision on the matter in controversy.