1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NMS/322/2009 IN SUIT NO.2102 OF 1981 Rupwanti T. Budhrani & ors. ...Plaintiffs. Vs. Municipal Corporation of Gr.Bombay & anr. ...Defendants Mr.Lal Budhrani, plaintiff no.3 in person. Mr.G.S.Bhat for defendant no.2. CORAM :- ANOOP V. MOHTA, J. DATED :- 5th February, 2010. P.C.- 1 The plaintiff has taken out this Notice of Motion to file additional documents on record. 2 Considering the averments made and as the case is made out that the documents as annexed to Exhibit “A” Collectively were not available at the relevant time and now traced out which, according to the plaintiff, goes to the root of the matter and they are in support of the existing averments already made as well as the existing documents filed before the Court, I am inclined to grant this motion. 3 The evidence is completed before the Commissioner. However, considering the fact that the documents as referred in Exhibit “A” 2 collectively are nothing but the notice/correspondences exchanged between the parties and basically the plaintiffs and defendant no.1. 4 In view of this and in the interest of justice, this Notice of Motion is allowed in terms of prayer (a). No costs. However, it is made clear that it is subject to proof in accordance with law. 5 The plaintiff is permitted to file additional affidavit in support of those documents. 6 The parties to exchange notice to admit the additional documents thereafter. 7 The plaintiff is at liberty to call additional witness or officer of defendant no.1 and to put his own additional affidavit in examination in chief in support of the additional documents on record. It is also made clear that the defendants are entitled to cross-examine or take appropriate steps or objection in accordance with law. 8 The parties have agreed to appoint Smt.Smita Gaydhani, Advocate as Commissioner to record further evidence. 9 The Commissioner to submits her report within eights weeks. (ANOOP V. MOHTA, J.)