MAHEMUDBHAI KASAMJI DEVDIWALA Vs. FAROOK KASAMJI DEVDIWALA

JUDGEMENT

(1.) BY way of this petition under Article 227 of the Constitution of India, the petitioner ?" original plaintiff has prayed for appropriate writ, order and/or directions for quashing and setting aside the order dtd. 24/6/2008 passed by the learned City Civil Court, Ahmedabad in Civil Suit No. 1711 of 2004 by exhibiting all the documents produced by the respondents ?" defendants vide List Ex. 92, inspite of the objections raised by the petitioner ?" original plaintiff against some of the documents.

(2.) MR. ASHOK Padia, learned advocate appearing on behalf of the petitioner ?" plaintiff has submitted that inspite of specific objections raised by the petitioner ?" original plaintiff objecting to exhibit some of the documents, the learned trial court has exhibited all the documents, including the documents which were objected to by the petitioner, while passing the impugned order.

(3.) MR. MTM Hakim, learned advocate appearing on behalf of the respondents ?" original defendants has submitted that if the impugned order passed by the trial court is modified suitably considering the decision of the Hon'ble Supreme Court reported in (2001) 3 SCC 1 to the effect that the documents which are exhibited inspite of the objections raised by the petitioner ?" original plaintiff, be treated as tentative exhibits and the admissibility of the same may be considered by the trial court at the time of final disposal of the suit, he will have no objection.