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SCA/11529/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 11529 of 2009
======================================
PURSHOTTAMBHAI
KANJIBHAI PATEL
Versus
MANUBHAI
KANJIBHAI PATEL
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Appearance :
Mr
Keyur Vyas for Mr PK Jani for the Petitioner
MR DAKSHESH MEHTA for
the Respondent
======================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 28/01/2011
ORAL
ORDER
By
way of filing this petition the petitioner – original plaintiff has
challenged order dated 11th
September 2009 passed below Exhibit 174 in Special Civil Suit No154
of 1997 by the learned 4th
Additional Senior Civil Judge, Mehsana whereby he rejected the said
application.
Heard
learned counsel for the parties.
The
petitioner has filed application Exhibit 174 in the suit stating that
documents marked at Exhibit 4/1 and 4/2 maybe accepted. However, the
learned 4th Additional Senior Civil Judge, Mehsana by the
impugned order rejected the said application.
The
trial Court has rejected the said application by giving detailed
reasons in paragraph 2 of the impugned judgment. I am in complete
agreement with the reasons given by the learned trial Judge. Since
the documents at Mark 4/1 and 4/2 were not proved by leading
evidence, the trial Court has rightly not permitted the petitioner to
produce the same on record by exhibiting the same.
In
view of the aforesaid discussion, the order of the trial Judge does
not warrant any interference by this Court in exercise of its
jurisdiction under Article 227 of the Constitution and hence the same
is dismissed summarily.
Notice
is discharged.
(K.S.Jhaveri,
J.)
*mohd
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