15.10.2009 Present: Ms. Anjana Mahendru, vice counsel for the petitioner. Mr. N. K. Thakur, Advocate, for the respondent CMPMO No. 470/2009 & CMP No. 561/2009 In terms of the present impugned order dated 11.5.2009, the petitioner’s request for placing on record the documents was rejected. The Court below did not find any sufficient ground for granting an adjournment to the defendant (petitioner herein), hence her evidence was closed. Documents sought to be placed on record are proceedings u/s 138 of the Negotiable Instruments Act. The plaintiff (respondent herein) has filed the suit for specific performance of contract. From the impugned order, it appears that the documents sought to be placed on record are proceedings of litigation inter se between the parties. The same is likely to have a bearing on the issue in question. Hence, one last opportunity is granted to the defendant to place on record the documents and prove the same by examining the relevant witnesses at his risk, costs and responsibility. The trial Court shall not afford more than two opportunities for proving the documents in accordance with law. The defendant shall pay costs of Rs.5500/- to the plaintiff. The parties are directed to appear before the concerned Court on 9.11.2009 when the costs shall be paid. The Court shall decide the matter uninfluenced of any observations made herein. Interim order dated 3.8.2009 is vacated. The records be sent back. The petition is disposed of, so also the pending application. ( Sanjay Karol ), Judge. October 15, 2009 (rana)