AMRIT SRINIVASAN Vs. SIMRIN SINGH & ORS

JUDGEMENT

(1.) Cm No. 48426/2018 (for exemption) Exemption allowed subject to all just exceptions.

(2.) It is the submission of Mr. Siddharth Yadav, learned counsel for the appellant that the procedure evolved by the learned Single Judge is not in conformity with the provisions of the CPC and the law laid down by the Bombay High Court in the case titled as Banganga Cooperative Housing Society Ltd. v. Mrs. Vasanti Gajanan Nerurkar,2015 SCCOnLineBom 3411.

(3.) According to him, the learned Single Judge could not have allowed withdrawal of the affidavit by way of evidence. At the most, he should have permitted the PW 4 to see the relevant document and file an additional affidavit, if any.