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1991 Supreme(Bom) 263

D.R.DHANUKA
Prataprai Trumbaklal Mehta – Appellant
Versus
Jayant Nemchand Shah & another – Respondent


Judgment

D.R. DHANUKA, J.:---This chamber summons is taken out by the defendants- judgment- debtors- for an order of recording "adjustment" and satisfaction of decree dated 21st September, 1987 passed by this Court in this suit in terms of alleged agreement dated 21st April, 1990 propounded by the defendants, copy whereof is annexed as Exhibit 3' to the affidavit of defendant No. 1 dated 15th May, 1990 made in support of this chamber summons. This chamber summons raises interesting questions of law relating to interpretation and application of Order 21, Rule 2 of the Code of Civil Procedure and the role of a notary in attesting copy of document as certified copy. The plaintiff has alleged that the alleged agreement propounded by the defendants is a forged document and it was never executed by the plaintiff. The plaintiff decree-holder is a practising advocate. The defendant No. 1 is a builder. Oral evidence led in this case consists of the evidence of defendant No. 1, the plaintiff and one Mr. Sonavane, Advocate-Notary. Mr. Sonavane has notarised xerox copy of the abovereferred alleged agreement as true copy and placed his signature and seal on last page of bunch of papers marked Ex


















































































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