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2021 Supreme(Bom) 1017

BHARATI DANGRE
Mahalaxmi Shikshan Samiti – Appellant
Versus
Manikrao Kishnarao Dessai – Respondent


Advocates appeared:
J. Godinho, Advocate, Shivan Desai, Advocate, J. A. Lobo, Advocate, M. Viegas, Advocate

JUDGMENT

BHARATI DANGRE, J. - On 04/12/2014, the present appeal was admitted, by framing the following substantial question of law.

"Whether the reliance by the First Appellate Court on the document marked at Exhibit 76 is erroneous when the contents of such document were not proved and such document was exhibited in the cross examination of PW 1 which is not permissible in law in the facts of the case?"

2. The said substantial question of law has its foundation in the judgment and decree passed by the District Court, North Goa at Panaji in Regular Civil Appeal No.159 of 2011, which has partly decreed the suit in favour of the plaintiffs.

3. 'Shri Mahalaxmi Shikshan Samiti' is a society registered under the Societies Registration Act, 1860 and one Mr.Manikrao Krishnarao Dessai in the capacity as Chairman of the above society, fled a suit for declaration, permanent injunction and other consequential reliefs. The society, being registered on 30/12/1975 in the office of the Registrar of Societies of the Goa, Daman and Diu, pleaded to have been formed for organizing and conducting Marathi Medium Schools and High Schools as well as to establish libraries and study circles with a perspect

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