[1] IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3945 OF 2008 IN SUIT NO.225 OF 1989 The Board of Trustees of the Port of Mumbai .... Plaintiffs Vs. M/s. Pan Asia International Pvt. Ltd. & Anr. .... Defendants M/s. U.J. Makhija i/b M/s. Motiwala & Co. for the Plaintiffs. None for the Defendants. CORAM: CORAM: CORAM: SHRI A.V. NIRGUDE, J. DATED: DATED: DATED: JANUARY 30, 2009 P.C: P.C: P.C: 1. This notice of motion is taken out by the plaintiffs for seeking leave to file a supplementary affidavit of documents and leave to lead further evidence of the plaintiffs’ witness. The defendants oppose the motion on the ground that the plaintiffs have not made out sufficient cause for making this request. They also pointed out that the plaintiffs by this move are trying to take away the benefit that has accrued to the defendants during the cross-examination of the plaintiffs’ first witness. The question is whether the application deserves to be allowed. I think that the plaintiffs should be allowed to rely on the additional documents and should also be allowed to lead further [2] evidence of their witness to prove the additional documents. The defendants’ argument that the benefit that has accrued to them during the first witness’s cross-examination would be nullified, is without any substance. I think in the interest of justice a party should be given sufficient opportunity to prove his/her case. If additional document is found subsequently, such document should be allowed to be brought on record and such a move cannot prejudice the other side for he/she would not only get an opportunity to inspect the documents but would also get an opportunity to deal with the documents through an additional written statement, if he/she so desire. Besides, an opportunity for cross-examination of the other witness is always available to the other side. In the circumstances, the notice of motion is made absolute in terms of the prayer clauses (a) and (b). 2. The plaintiffs shall complete the further formalities within two weeks. (A.V. Nirgude, J.) sjs/J9nm3945.8 sjs/J9nm3945.8 sjs/J9nm3945.8