SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2022 Supreme(Guj) 1678

ASHOKKUMAR C. JOSHI
Mohmadsuleman Rehmatkhan Pathan – Appellant
Versus
Himantbhai Naranbhai Panchal-Prop. M R Industries – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Dhruvik K Patel
For the Respondent: Mr Mahesh R Shah

JUDGMENT :

1. Rule.

2. These petitions under Article 227 of the Constitution of India arise out of the orders dated 14.07.2015 passed by the learned Judge, Small Cause Court No. 3, Ahmedabad in the applications filed by the present petitioner – original plaintiff for exhibiting the documents produced in different HRP suits filed by him. The said applications came to be rejected by the learned Court below and hence, the petitioner is before this Court.

3. Heard, learned advocate Mr. N. V. Gandhi with learned advocate Mr. Dhruvik K. Patel for the petitioner and learned advocate Mr. Mahesh R. Shah for the respondent.

3.1 The learned advocate for the petitioner submitted that the learned trial Judge has committed an error in not exhibiting the documents produced by the petitioner – plaintiff though proved by the petitioner through oral evidence. He submitted that the learned trial Judge has failed to appreciate the fact that when the evidence is recorded in the form of affidavit, the admissibility of the documents produced along with the affidavit, is to be decided in accordance with the provisions of O.13 R.4 of the Civil Procedure Code, 1908 (CPC). Last but not the least, the learned adv

      Click Here to Read the rest of this document
      1
      2
      3
      4
      5
      6
      7
      8
      9
      10
      11
      SupremeToday Portrait Ad
      supreme today icon
      logo-black

      An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

      Please visit our Training & Support
      Center or Contact Us for assistance

      qr

      Scan Me!

      India’s Legal research and Law Firm App, Download now!

      For Daily Legal Updates, Join us on :

      whatsapp-icon telegram-icon
      whatsapp-icon Back to top