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2003 Supreme(Bom) 91

R.M.S.KHANDEPARKAR
Durgashankar S. Trivedi & others – Appellant
Versus
Babubhai Bhulabhai Parekh – Respondent


JUDGMENT -KHANDEPARKAR R.M.S., J.:---Heard learned Advocate for the petitioners. None for the respondent though served. The notice of the petition was issued to the respondent giving clear intimation that the matter would be disposed of finally at the admission stage itself. None has chosen to appear on behalf of the respondent. Apparently, the respondent has nothing to say in the matter.

2.Making grievance about the growing tendency to postpone the decision on the objection to the admissibility of documents to the stage of final hearing of the suits and allowing the document to be exhibited without considering the objection to its admissibility and in violation of the provisions of law contained in Order XIII of Code of Civil Procedure as well as contrary to the law laid down by the Apex Court and this Court in that regard, the learned Advocate for the petitioners has submitted that the trial Court has totally ignored that in terms of the provisions of law it is necessary for the parties to tender the document by entering into witness box and its admissibility being required to be tested before it can form part of the evidence. The Court below having totally ignored this aspect, ha













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