HARJYOTI AGWARWALLA Vs. POONAM KEJRIWAL

JUDGEMENT

(1.) THE petitioner questions propriety of order dated July 26, 2011 passed by the learned trial Judge rejecting her application dated July 2, 2011.

(2.) THE opposite party no. 1 (hereafter the plaintiff) instituted a suit for eviction and recovery of khas possession of the suit property (a flat), impleading the opposite parties 2 and 3 herein as the first two defendants and the petitioner as the third defendant. In course of recording of evidence of the plaintiff, two documents being letters dated April 17, 2008 and August 6, 2008 were tendered in evidence. THE petitioner objected to admissibility of the said documents on the ground that the objected documents, being photostat copies, are not admissible in evidence. THE same were marked exhibits 1 and 2 by the learned Judge noting the objection of the petitioner thereon. THE application, which has been rejected by the order under challenge, was thereafter filed by the petitioner praying for an order that the objected documents marked exhibits 1 and 2 ought to be expunged from the records since the plaintiff had not produced the originals thereof.

(3.) HE, accordingly, prayed for orders to set aside the impugned order and to direct the objected documents to be expunged from the records of the suit.