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2019 Supreme(Bom) 1174

DAMA SESHADRI NAIDU
Kumarpal N. Shah (since deceased) through Lrs. Mrs. Tarunbala Kumarpal Shah (wife of the deceased Plaintiff) – Appellant
Versus
Universal Mechanical Works Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.Jahangir Jeejeebhoy a/w Ms.Shweta Dadi i/b. Bilawala & Co.
For the Respondent: Mr.Mehervan R. Irani, Mr.Sameer Bhalekar a/w Mr.Vidita Bhalekar i/b. Ms.Ranjana Parikh, Ms.Disha Shettyi i/b. Mr.Taubon F. Irani

JUDGMENT :

1. Rule. Rule made returnable forthwith. Heard finally by the consent of the parties.

2. Initially, the landlord filed R.A.E. & R. Suit No.995/1485 of 2006, seeking the eviction of respondent-tenant. Later, he died. Then, his wife and children (“the owners”) brought themselves on record as the legal representatives. First, the owners applied under Exh.98 seeking the trial Court’s leave to mark a bunch documents as secondary evidence under Section 65(f) of the Indian Evidence Act. The trial Court allowed that application through its order, dated 28th February 2018. That order has not been disturbed.

3. Later, one of the owners, that is the 3rd plaintiff, filed the “affidavit in lieu of examination-in-chief” before the trial Court with a list of documents to be marked. Then, the tenants filed written objections against the marking of certain documents. According to them, they are private documents required to be marked through the authors of those documents. Then, the trial Court through its order, Aggrieved, the owners have filed this writ petition.

4. As it is an objecti

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