MUNICIPAL COUNCIL Vs. ITWARA MASJID COMMITTEE

JUDGEMENT

(1.) The petition challenges the order dtd. 08/6/2023, passed by the learned trial Court below Exh.205, whereby the application filed by the respondent / plaintiff to discard the affidavit of DW1, for proving the documents in respect of which permission for leading secondary evidence was granted by the learned trial Court dtd. 02/5/2023, has been allowed.

(2.) The learned counsel for the petitioner submits, that since the permission to lead secondary evidence was granted which in absence of a challenge has attained finality, and the secondary evidence was sought to be proved by the evidence of DW1, who was the Chief Officer and the most apt person to have tendered evidence in that regard, the same could not have been discarded by the learned trial Court.

(3.) Mr. Bhide, learned counsel for the respondent supports the impugned order and submits that equal treatment has been accorded by the learned trial Court to both the parties, as on an earlier occasion, when the respondent / plaintiff had made a similar application for leading additional evidence, the same was rejected.