RAMESH BALA MALHOTRA Vs. SUKSHAM KUMAR CHOPRA

JUDGEMENT

(1.) This appeal is directed against the order dated 06.08.2015 passed by a learned Single Judge of this Court in IA 21262/2014 filed on behalf of the appellant/defendant. The said application was filed seeking a prayer that the documents, which had been filed by the plaintiffs/ respondents herein, be taken off the record in view of the order dated 31.05.2007 passed in Testamentary Case No. 9/1997.

(2.) IT is the contention of the learned counsel for the appellant that the very same documents, which have been introduced along with the plaint by the plaintiffs in the present proceedings, i.e., arising out of CS(OS) 96/2009, had been rejected by the court by virtue of the said order dated 31.05.2007 in the other proceedings, i.e., Testamentary Case No. 9/1997. Therefore, according to the learned counsel, those documents ought to have been taken off the record, as prayed.

(3.) WE do not agree with the submission made by the learned counsel for the appellant. First of all, the suit proceedings and the proceedings in the Testamentary Case No. 9/1997 operate in entirely different fields. Secondly, the reasons for not permitting the respondents to place those documents on record in Testamentary Case No. 9/1997 were that they were sought to be introduced at a very belated stage in those proceedings although the documents were old. The Court did not accept the explanation of the respondents with regard to the delay in producing those documents in the said testamentary proceedings. The order passed by the learned Single Judge on 31.05.2007 in Testamentary Case No. 9/1997 is self -explanatory and reads as under: -