NIKHILESH KESHARICHAND JHAVERI Vs. NEW ERA FABRICS LTD

JUDGEMENT

(1.) Rule. With consent of parties, Rule made returnable forthwith and taken up for final hearing.

(2.) By this Petition under Article 227 of the Constitution of India, exception is taken to the order dtd. 24/9/2021 passed by the Appellate Court in Revision Application No.97 of 2021 reversing the order of the trial Court dtd. 11/8/2021 rejecting the Petitioner's application below Exh.606 filed to expunge/discard and rejected the Affidavit of examination-in-chief of PW-2.

(3.) For the sake of convenience, the parties are referred to by their status before the Trial Court. T.E.&R. Suit No.48/62 of 2009 was filed against the defendant seeking the following prayers: