Shri Niraj Omprakash Shukla v. Dr Sarita Bhoyar

WP6755_18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6755 OF 2018 Niraj Omprakash Shukla ...

Petitioner Vs.

Sarita Bhoyar ...

Respondent Mr. R. S. Yadav a/w. Mr. Omprakash Shukla for Petitioner. Mr. P. J. Thorat for Respondent.

CORAM : R. G. KETKAR, J.

DATE :

JULY 2, 2018 P.C. :

Heard Mr. Yadav, learned Counsel for the petitioner and Mr. Thorat, learned Counsel for the respondent. 2.

By this Petition under Article 227 of the Constitution of India, petitioner has challenged the order dated 24.04.2018 passed by the learned Judge, Court Room No.40, Court of Small Causes at Mumbai, Bandra Branch in L.E.&C.Suit No.198/217 of 2014 as regards admissibility of the documents filed along with list at exhibit-40. The defendant has filed documents along with list at exhibit-40. It is common ground between the parties that defendant has raised objection under Section 9-A of the Code of Civil Procedure, 1908 (for short 'C.P.C.') and accordingly, he had filed documents along with list at exhibit-40. It is also common ground between the parties that in view of deletion of Section 9-A of C.P.C. as per the Ordinance, now it is not necessary for the learned trial Judge to decide the issue raised by the defendant under Section 9-A of C.P.C. The impugned order is, therefore, dissolved with liberty to the defendant to file list along with the documents at the appropriate stage of the 1/2

WP6755_18.doc the trial and the learned trial Judge will consider admissibility of those documents in accordance with law and uninfluenced by the observations made in the impugned order. All contentions of the parties in that regard are expressly kept open. Petition is disposed of accordingly. (R. G. KETKAR, J.) Minal Parab 2/2