LAXMIKANT R. SAWANT Vs. AVINASH KESARI MALI

JUDGEMENT

(1.) Heard Mr. Thaker, learned Advocate appearing for the Petitioner and Mr. Salunke, learned Advocate appearing for the Respondent.

(2.) By this Writ Petition filed under Article 227 of the Constitution of India, the Petitioner, who is the original Defendant, has challenged the legality and validity of the order dtd. 20/4/2023 passed by the learned Small Causes Court, Mumbai (Bandra Branch) below Exhibit 33 in R.A.D. Suit No. 189 of 2018. The said application Exhibit 33 was filed on 27 th March 2023. The said Exhibit 33 application reads as under: "On Cross-examination of Plaintiff on 13/3/2023 at para No.9, Article-X, the Plaintiff voluntarily referred, the letter, which was not part of question and hence can not be marked exhibited as part of cross-examination. I therefore pray that exhibit be removed and obliged." (Emphasis added)

(3.) The Plaintiff has filed following reply on 13/4/2023 to the said application. "It is stated that the Plaintiff was specifically asked whether he had obtained signature of landlord granting permission for Deed of Assignment. The Plaintiff has stated that the permission is at Article X, which was shown to him and future question was asked that Article X does not form part of Deed of Assignment." It is stated that the Plaintiff though voluntarily referred to the Article X, it was due to the question asked in cross about the document Article X was referred. Thus as the document was referred in cross- examination, it is rightly marked as Exhibit 32. It is therefore stated that the document now cannot be de-exhibited or removed as Exhibit as prayed. Therefore Application be rejected. (Emphasis added)