AJAY LAROIA Vs. SHIVAN RAJPUT & ANR

JUDGEMENT

(1.) Cm No. 46413/2018 (for exemption)

(2.) The impugned order dated 24.07.2018 passed by the court of learned Additional District Judge-03, Patiala House Courts, New Delhi ("ADJ") in civil suit No. 56585/2016, is the subject matter of challenge in this petition filed under Article 227 of the Constitution of India.

(3.) The petitioner/plaintiff, who is an Advocate, filed a suit for recovery of Rs.4,37,500/- against the respondent/defendant on account of his professional charges for conducting the cases on their behalf. The respondent no.1 during his deposition has tendered two certificates Ex.DW1/1 (collectively) issued by the UCO Bank, SSI Branch, Industrial Area, Jalandhar, Punjab dated 08.12.2014 certifying that a sum of Rs.20,000/- each were deposited in the account of the petitioner on 22.08.2013 and 09.09.2013 respectively and Rs.30,000/- was deposited on 20.11.2013. Tendering and exhibiting these documents in evidence by the respondents/defendants was objected to by the petitioner. The respondents have also filed the photostat copies of three pay-in-slips of the UCO Bank dated 22.08.2013, 09.09.2013 and 20.11.2013 depositing Rs.20,000/-, Rs.20,000/- and Rs.30,000/- respectively in the account of the petitioner. The petitioner filed an application under Section 151 CPC to remove the document from the record whereas the respondent filed an application under Order VIII Rule 1A(3) of the Code of Civil Procedure, 1908 ("CPC") to take the documents on the record.