KANTILAL KESHAVJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . The present First Appeal is filed being aggrieved by the judgement and order dated 7/09/1994 passed by the learned Civil Judge (S.D.), Jamnagar, in Special Civil Suit No.17 of 1990, dismissing the suit preferred by the appellant-plaintiff only on the ground that though documents produced on record are admitted by the parties and, are, accordingly, exhibited, the same cannot be considered and relied upon for adjudicating the matter and pronouncing the judgement because they are the xerox copies.

(2.) . Mr.N.M.Amin, learned Advocate for the appellant, invited the attention of the Court to paragraphs 11, 14 and 15 of the judgement. The learned Judge has observed as under in paragraph 14 :

(3.) . It is for the party to decide as to whether he would like to allow a particular document to be exhibited or not. Once a document is exhibited, the learned Judge is to appreciate the contents of that document. The learned Judge had no reason to take any objection and to hold that he will not take into consideration duly exhibited documents only because the said documents are the xerox copies.