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SCA/6144/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 6144 of 2008
==========================================
SMT
ANSOYABEN NANDALAL CHOKSI & 2 - Petitioner(s)
Versus
NAVNITLAL
RATANLAL PARIKH - Respondent(s)
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Appearance
:
MR NK
MAJMUDAR for Petitioner(s) : 1, 1.2.1,1.2.2 -
3.
None for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 08/07/2008
ORAL
ORDER
1. By
way of this petition under Article 227 of the Constitution of India,
the petitioners have prayed for appropriate writ, direction or order
and to quash and set aside the interlocutory order dated 07/02/2008
passed by the learned Small Causes Judge, Vadodara over-ruling the
objection raised by the advocate for producing xerox copy of the
ration card Mark 95/1 without producing the original ration card.
2. It
is required to be noted that in the cross examination, xerox copy
came to be produced and the learned Trial Court permitted to produce
the same.
3. It
is the contention on behalf of the petitioners that in view of
Section 165 of the Indian Evidence Act, the same is not permissible.
Whether what will be the evidentiary value of such a documentary
evidence can always be considered at the time of hearing of suit and
hence it will be open for the petitioners to raise all the
contention, available under law, which shall be considered on its
merits.
4. With
the above observation, the application stands disposed of.
(M.R.
SHAH, J.)
siji
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