LAWS(DLH)-2009-4-309

HALDIRAM (INDIA) PVT. LTD. Vs. HALDIRAM BHUJIAWALA

Decided On April 02, 2009
Haldiram (India) Pvt. Ltd. Appellant
V/S
HALDIRAM BHUJIAWALA Respondents

JUDGEMENT

(1.) PRESENT petition has been filed under Article 227 of Constitution of India challenging the order dated 21st February, 2009 by virtue of which petitioners -plaintiffs two applications filed under Order 7 Rule 14 of Code of Civil Procedure (hereinafter referred to 'CPC') have been dismissed. While by virtue of first application, petitioners -plaintiffs wanted to bring on record fourteen volumes of documents, by subsequent application petitioners wanted to bring on record two volumes of documents.

(2.) RELEVANT observations of the trial Court while rejecting applications filed by the petitioners are reproduced hereinbelow for ready reference:

(3.) MR . Sandeep Sethi, submitted that the impugned order was untenable in law as trial Court failed to appreciate that the time for filing of documents was not yet over, as in the present case issues had not been framed. In this context, he relied upon Order 13 Rule 1 CPC which reads as under: