ABBAS ALI Vs. PRADEEP NATANI

JUDGEMENT

(1.) BY invoking the jurisdiction of this Court under Article 227 of the Constitution, the petitioners/defendants have challenged the order dated 24.03.2012, whereby applicationspreferredby respondents/plaintiffs under section 65 of Evidence Act (Annexure P-5) and Order 11 Rule 12 of the CPC (Annexure P-10) are allowed by the court below.

(2.) SHRI Amit Lahoti, learned counsel for the petitioners, submits that the respondents/plaintiffs filed a suit for specific performance and for permanent injunction (Annexure P-2). During the pendency of the said case, an application under section 65 of the Evidence Act (Annexure P-5) is filed by the respondents/plaintiffs stating that the plaintiffs had paid Rs.3,21,000/- to defendant No. 2 and as directed by said defendant, the plaintiff had paid to defendant No. 1 Rs.1,00,000/-. Total 9 receipts were given by the defendant No. 2 to the plaintiffs. The plaintiffs have filed photocopies of those 9 receipts in the present case but the original copy of those receipts were not returned by the counsel for the plaintiffs. It is further stated in this application that the said 9 receipts were given by the plaintiffs to their counsel Shri L.C. Parik and Shri Pramod Parik who have not returned the same to the plaintiffs. By filing reply to this, the present petitioner have opposed the said application.

(3.) I have heard the learned counsel for the parties and perused the record.