IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1617 OF 2008 IN SUIT NO. 717 OF 2005 Morarji Hariram ... Plaintiff Vs. Neera Handa d/o. K.L. Handa and Ors. ....Defendants ----- Mr.A. Joshi i/b. Sameer Sarmalkar for Plaintiff None for Defendants ----- CORAM: V.M. KANADE J. DATED: 15TH SEPTEMBER, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Plaintiff 2. None appears on behalf of the Defendants. 3. This Notice of Motion is taken out by the Plaintiff for extension of time by six months for recording the evidence by the Court Commissioner. 4. The learned Counsel appearing on behalf of the Plaintiff submits that the Plaintiff s evidence is over and the Defendants for the first time are relying on the said documents which were never relied upon by them in their written statement and no affidavit of documents was filed. No inspection was given of these documents by the Defendants to the Plaintiff. He submitted that, therefore, first this issue will be decided by this Court and thereafter, the matter will be referred to the Court Commissioner. 5. In view of the objection taken by the Plaintiff, this Notice of Motion is dismissed. Liberty is granted to the parties to apply for extension of time after the controversy which is raised by the Plaintiff before this Court. (V.M. KANADE J.)