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2009 Supreme(Bom) 1493

VASANTI A.NAIK
Abdul Rahim @ Guddu s/o Abdul Majid – Appellant
Versus
Sheikh Qayyum s/o Sheikh Rashid – Respondent


Advocates appeared:
For the Petitioner:R.S. Akbani, Advocate. For the Respondents:R1 to R6, A.S. Chandurkar, Advocate.

Judgment :

Oral Judgment:

Rule. Rule made returnable forthwith. The petition is heard finally at the stage of admission as the notice for final disposal was issued to the respondents by an order dated 27.4.2009.

2. By this petition, the petitioner impugns the order passed by the Civil Judge, Junior Division, Samudrapur on 18.3.2009 rejecting the application filed by the petitioner for exhibiting the document dated 11.4.1966, called the Bakshis Patra.

3. The petitioners are the original defendants. The defendants had filed the documents and since the trial court had not exhibited the document dated 11.4.1966, called the Bakshis Patra, on the ground that the document was not a registered document, the petitioners filed an application for exhibiting the document for effectively deciding the dispute between the parties. It was the case of the petitioner that the document dated 11.4.1966 was admitted by the plaintiff in his cross examination and the document being 30 years old, ought to have been exhibited.

4. The prayer made by the petitioner in the said application was strongly opposed by the respondent. The trial court, by order dated 18.3.2009 rejected the application.

5. Shri Akba





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