ERNESTINA PEREIRA Vs. AGNELO CAETANO COLACO

JUDGEMENT

(1.) HEARD Shri Shivan Dessai, learned counsel appearing for the petitioners and Shri D. Vernekar, learned counsel appearing for the respondents.

(2.) RULE. Heard forthwith by the consent of learned Counsels.

(3.) SHRI Shivan Dessai, learned counsel appearing for the petitioners has assailed the impugned order essentially on the ground that the learned Judge has erroneously come to the conclusion that the documents sought to be produced by the petitioners are not relevant to decide the matter in controversy. The learned counsel has taken me through para 17 of the plaint and pointed out specific allegations made therein that the respondents are residing in another property at Nuvem and according to the petitioners, the documents which are sought to be produced are required to substantiate the allegations made in the said para. The learned counsel further pointed out that at the stage of seeking leave to produce the said documents under Order 7 Rule 14 of the Civil Procedure Code, the exact relevancy of the documents cannot be looked into as the relevancy would be ascertained at the time of appreciating the evidence on record. The learned Counsel further submitted that the documents sought to be produced are public documents and above suspicion and there are no allegations made by the respondents to the effect that such documents have been manufactured and/or fabricated. As such, the learned counsel submits that grave injustice would occasion to the petitioners in case such documents are not allowed to be produced as stated in para 1 of the application. As such, the learned counsel submits that there is a jurisdictional error committed by the learned Judge which calls for interference by this Court under Article 227 of the Constitution of India.