STATE OF GUJARAT Vs. VALJI POONA & COMPANY

JUDGEMENT

(1.) The appellants-State of Gujarat and another are the original defendants and the respondent M/s. Valji Poona and Company is the original plaintiff in the proceeding before learned Civil Judge, (S.D.) at Gandhinagar in Special Civil Suit No.77 of 1997. For the sake of brevity and convenience, the parties are herein after referred to as "the defendants" and "the plaintiff" respectively.

(2.) The short facts leading to the filing of the suit are as under:-

(3.) Learned AGP, Ms.Roshni Patel, who appears on behalf of the appellants has submitted that the learned Judge has not considered the evidence available on record in its true spirit and proper perspective. The judgment and order passed by the learned Judge is against the settled principles of law. She has further submitted that the witness of the plaintiff was examined in absence of learned advocate of the defendants and, at the time of leading of evidence, all the documents were referred by the learned advocate for the plaintiff to the witness and without proving the contents of the documents, straightaway those documents were exhibited. At the time of appreciating the evidence available on record, these documents were taken into consideration, which is not in consonance with the provisions of the Evidence Act . Hence, the impugned judgment and order is required to the quashed and set a site.