LAWS(GJH)-2007-8-247

TARUNKUMAR VIRCHAND SHAH Vs. DOLERKUMAR VIRCHAND SHAH

Decided On August 17, 2007
TARUNKUMAR VIRCHAND SHAH Appellant
V/S
DOLERKUMAR VIRCHAND SHAH Respondents

JUDGEMENT

(1.) Learned counsel appearing for the respondent submitted his case and completed his arguments. Learned counsel for the respondent submitted that even on a last occasion on 10th August, 2007 when the matter was called out, a counsel appearing for the petitioner was absent and with a view to give one more chance, matter was adjourned. The following order was passed on 10th August, 2007.

(2.) The learned counsel for the applicant is absent even today, when the matter is called out.

(3.) Learned counsel appearing for the respondent submitted that respondent is original plaintiff in the Civil Suit No.512 of 2002. Suit was preferred by the respondent for specific performance. Certain documents were referred to and relied upon by the original plaintiff. The documents were presented before the Trial Court. The documents were given tentative exhibit numbers. After those tentative exhibit numbers were given, an application below Exh.162 was given by the present petitioner (original defendant) for de-exhibiting the documents. This application was dismissed by the Trial Court vide order dated 5th August, 2006 against which the present petition has been preferred.