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2006 Supreme(Bom) 593

R.M.S.KHANDEPARKAR
SUNIL TUKARAM BHARADKAR – Appellant
Versus
SANTOSH GOPICHAND RANE – Respondent


( 1 ) HEARD the learned Advocates for the parties. Rule. By consent, the rule is made returnable forthwith and heard.

( 2 ) THE petitioner challenges the order dated 16-8-2005 on the ground that the law does not permit de-exhibition of documents once the documents are exhibited in evidence and secondly that no opportunity has been given to the petitioner/plaintiff to prove the documents which were sought to be refused to be admitted.

( 3 ) FEW facts relevant for the decision are that the Civil Suit No. 3600 of 2004, filed by the petitioner, was fixed for the plaintiffs evidence on 19-7-2005. On that day, the petitioner sought to lead evidence in the form of affidavit under order 18, Rule 4 of the Code of Civil Procedure, hereinafter called as "the c. P. C. " along with certain documents. The said affidavit along with the documents was taken on record by the trial Court. The affidavit was marked exhibit-1. The list of the documents annexed to the affidavit was marked as exhibit-2 and the documents which were annexed to the suit list and bearing serial Nos. 1 to 7 were marked as "exhibits 3 to 9, subject to objection". The advocate for the respondent/defendant was directed to give hi









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