JUBIN MULTI-SPECIALITY HOSPITAL Vs. SHYAM SHARMA

JUDGEMENT

(1.) The present writ petition is directed against the order dated 27.03.2019, passed by the Commercial Court, Jodhpur (hereinafter referred to as "the Trial Court"), whereby an application filed by the respondent-plaintiff under Section 65 of the Evidence Act has been treated to be an application under Order VII Rule 14 of the Code of Civil Procedure and allowed.

(2.) The facts, narrated briefly are that the respondent-plaintiff instituted a suit for recovery of money on 16.03.2016, the present petitioner-defendant filed written statement and opposed the averments made in the plaint; the issues in the matter were framed on 25.03.2017; whereafter, at the time of the evidence, plaintiff (respondent herein) filed an application dated 06.02.2019 under Section 65 of the Evidence Act. It was interalia asserted in the application that the plaintiff could not produce duplicate medical reports while submitting rejoinder, as the same were obtained belatedly.

(3.) The present petitioner-defendant filed a reply to the plaintiff's application under Section 65 of the Evidence Act and opposed grant of permission to lead secondary evidence on the basis of such documents.