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