VIJAY KUMAR GOEL Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) PLAINTIFF has filed this application under Order 7 Rule 14 CPC seeking permission to file additional documents as detailed in para 4 of the application. Plaintiff has filed the present suit for recovery of Rs. 98,65,000/- against the defendants which is pending adjudication and is at the stage of recording of plaintiff's evidence.

(2.) IT is contended by the plaintiff that he filed the documents which were in his power and possession and relevant for deciding the matter in issue. However, some of the documents which were in power and possession of the defendants were not filed by the defendants despite receipt of notice under order 12 Rule 8 CPC dated 6. 5. 2006 served upon the defendants. Plaintiff filed an application under the Right to Information Act and was successful in obtaining various documents and letters exchanged between the parties. According to the plaintiff these documents are relevant for the purpose of fair and just disposal of the suit and they could not be filed earlier because they were not in his power and possession.

(3.) DEFENDANTS have opposed this application on the grounds that these documents are not relevant and they have been filed belatedly despite the fact that plaintiff was given sufficient opportunity to file his documents. Even cost was imposed upon the plaintiff when he failed to file the documents within the time frame fixed by the Court. According to the defendants, the application is without merits and should be dismissed.