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2019 Supreme(Del) 1949

PRATHIBA M.SINGH
Prakash Oil Corporation – Appellant
Versus
Brij Kishan – Respondent


Advocates:
Advocate Appeared:
Jasbir Singh, Adv., Anunaya Mehta, Adv., Anurag Sahay, Adv., Siddhant Singh, Adv.

JUDGMENT :

PRATHIBA M. SINGH, J.

1. The present petition has been filed challenging the impugned order dated 14th August, 2018 by which the application filed by the Petitioner under Section 65 of the Indian Evidence Act, 1872 has been disposed of by the ld. Trial Court in the following terms:

    "Matter is listed for rerecording of testimony of the petitioner. An application u/s 65 of the Evidence Act r/w Section 151 CPC dated 13.08.2018 is filed by the Ld. Counsel for the respondents. Copy of the application is supplied.

The application is taken up. It is stated in the application that the petitioner has wrongly exhibited many documents in his affidavit. It is stated that these documents cannot be proved by the petitioner and ought to be de-exhibited.

The application is opposed by the Ld. Counsel for the petitioner. It is submitted by the Ld. Counsel for the petitioner that application has been filed only to delay the disposal of the case.

Record is perused.

In case a document is not proved in accordance with law, either because it is inadmissible or the mode of proof is not as per law, it shall, not be read in evidence while finally deciding the case. The specific objections taken by the r

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