SHIVAJIBHAI BHAGUBHAI CHAUDHARY Vs. DECEASED BHIKHUBHAI BHAGUBHAI CHAUDHARY

JUDGEMENT

(1.) The present petition under Articles 226 and 227 of the Constitution of India is filed for the purpose of challenging the legality and validity of the order dated 23.09.2017 passed below Exh.141 by learned Senior Civil Judge, Tapi at Vyara in Regular Civil Suit No.87 of 2007.

(2.) The grievance of the petitioner in the present petition is that petitioner had preferred the aforesaid Civil Suit in the court of learned Civil Judge on 16.08.2007 and after the stage of Exh.5 application and the issues having been framed at Exh.30, the matter was placed for leading evidence on the part of the plaintiff.

(3.) Mr.Nikunt Raval, learned advocate appearing on behalf of the petitioner has submitted that petitioner - plaintiff has submitted that the learned judge while passing the order in question has agitated hyper technical approach particularly when the same request was dealt with and evidence stage was reopened and while reopening the said stage of evidence, the Court has also observed in para:3 which indirectly suggesting that the request for exhibition of document also deserves consideration. Mr.Raval, learned advocate has further submitted that the Court below has not properly assigned the request which also has led the petitioner to approach this Court. Mr.Raval, learned advocate has further submitted that in such a situation like this if on account of any document requested to be exhibited is left out then such request ought to have been considered as the learned trial judge has sufficient discretion and in the interest of justice also even the Courts are permitting such additional evidence at the appeal stage also. If that be so, there is hardly any justification in rejecting the request of the present petitioner. Hence by way of relief prayed for in the petition, the petitioner may be permitted to assail the order. For the purpose of strengthening the submission, learned advocate has relied upon decision delivered by Apex Court in the case of Y.P.Sudhanva Reddy and others vs. Chairman and Managing Director,Karnataka Milk Federation reported in (2018) 6 SCC 574 and then has submitted that the observations made by Apex Court in this regard are sufficient enough to suggest that the technical approach adopted by learned trial judge deserves to be corrected.