HIRA CONSTRUCTION Vs. DAMJI NARSI SHAH

JUDGEMENT

(1.) The original plaintiff is before this Court challenging the orders passed below applications Ex. 168 and Ex. 169 dated 22.02.2010 and 11.02.2010 respectively passed in Special Civil Suit No. 141 of 1998. By the aforesaid orders, the Second Additional Civil Judge, Jamnagar rejected the applications of the original plaintiff to bring on record and exhibit documents Mark 4/1 and Mark 160/1 to Mark 160/10.

(2.) Facts are as under:

(3.) Mr. Vivek Mapara, learned advocate appearing on behalf of the petitioner contended that once by applications Ex. 159 &160, the Court granted permission to produce the originals on record, by order dated 30.06.2009, there was no reason why the trial Court ought to have rejected the application to exhibit such documents. Mr. Mapara further contended that the documents at Mark 4/1 and Marks 22/1 to 22/10 were duly proved by the testimony of the plaintiff at Ex. 104 and therefore it was incorrect for the trial Court to contend that prejudice would be caused or that the exercise would tantamount to reopening the exercise of examining the witnesses.