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2006 Supreme(Bom) 1752

R.M.S.KHANDEPARKAR
MOHANRAJ RUPCHAND JAIN alias CHHAJED – Appellant
Versus
KEWALCHAND HASTIMAL JAIN – Respondent


ORAL JUDGMENT :- Heard: Rule. By consent, the rule is made returnable forthwith.

2. The petitioner challenges the order dated 29th August, 2006 passed by the revisional bench of the Small Cause Court, Mumbai, in Revision Application No. 23 of 2006 and the order dated 3rd December, 2005 passed by the trial Judge in Interim Notice No. 1576 of 2005 in R.A.E. Suit No. 752 of 2004. The order of the trial Judge relates to the rejection of the application filed by the petitioner objecting the admissibility of certain documents which were sought to be produced on record along with the affidavit in evidence filed under Order XVIII, Rule 4 of the Code of Civil Procedure, 1908 and the order of the Revisional Court relates to the dismissal of the said revision against the said order of the trial Judge.

3. The learned advocate appearing for the petitioner, placing reliance in the decision of the learned Single Judge in Sayarabi Sayyad Abdul Ajij (Deceased), through L.Rs. vs. Shri Abdul Rashid Abdul Majid, reported in 2004(5) Mh.L.J. 470 = 2004(4) All MR 581, and Pacific Engineering Co. Pvt. Ltd. vs. East 1ndia Hotels Ltd., reported in 2004(5) Mh.L.J. 450 = 2004(4) All MR 330, has submitted that










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