M/S. Trison Builders And ORS. v. Mrs. Maria Rebello And ORS.

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IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5694 OF 2015 M/s. Trison Builders and others ...

Petitioners Vs.

Maria Rebello and others ...

Respondents Mr. Denzil D'Mello for Petitioners.

Mr. M. R. Irani for Respondent No.1.

CORAM : R. G. KETKAR, J.

DATE : 9TH JULY, 2015 P.C. :

Heard Mr. D'Mello, learned Counsel for petitioners and Mr. Irani, learned Counsel for respondent No.1 at length. 2.

By this Petition under Article 227 of the Constitution of India, original defendants No.4 to 7 have challenged the judgment and order dated 29.04.2015 passed by the learned Judge, City Civil Court (Borivali Division), Dindoshi below exhibit-49. By that order, the learned trial Judge rejected the application filed by the petitioners raising objection about exhibition of documents on the ground that they are not admissible in evidence and some of them are beyond the pleadings. In paragraph 3 of the impugned order, the learned trial Judge has observed that plaintiff has produced number of documents with list, exhibit-23 which came to be exhibited. Needless to say that mere exhibiting the documents is not sufficient to say that its contents are proved.

3.

Mr. D'Mello submits that petitioners will not press this Petition if it is clarified that contents of documents are to be proved by the plaintiff in accordance with law. Hence, Petition is disposed of as not pressed. 1/2

WP5694_15.sxw Plaintiff shall prove the contents of the documents produced along with the list , exhibit-23 in accordance with law. Order accordingly. (R. G. KETKAR, J.) Minal Parab 2/2