Smt. Anju Mahendra Mehta And ANR. v. Kaushik Pandya

WP11184_15.sxw

IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11184 OF 2015 Anju Mahendra Mehta and another ...

Petitioners Vs.

Kaushik Pandya ...

Respondent Mr. Jayant V. Parmar for Petitioners.

Mr. Madhav Jamdar a/w. Ms Vrushali K. for Respondent. CORAM : R. G. KETKAR, J.

DATE :

DECEMBER 03, 2015 P.C. :

Heard Mr. Parmar, learned Counsel for petitioners and Mr. Jamdar, learned Counsel for respondent at length. 2.

By this Petition under Article 227 of the Constitution of India, original defendants have challenged the order dated 21.08.2015 passed by the learned Judge, City Civil Court, Greater Bombay below Exhibit-7 in Summary Suit No.7630 of 1996. By that order, the learned trial Judge admitted certain documents produced along with list exhibit-8. The learned trial Judge admitted documents at serial No.3 and 6 as they are admitted by the defendants. Documents at serial No.1 and 2 were held admissible in evidence subject to proof being certified copies obtained from the Court of Metropolitan Magistrate. Documents at serial No.4 and 10 were held admissible in evidence as they are original. Documents at serial No.5, 7, 8 and 9 being photocopies were not admitted in evidence as no foundation of secondary evidence was led. 3.

Mr. Parmar submitted that the learned trial Judge was not justified in admitting documents at serial No.1, 2, 3, 4, 6 and 10. It is not possible to accept this contention. The learned trial Judge while 1/2

WP11184_15.sxw admitting these documents on record has given reasons. No fault can be found with the reasons. Hence, no case is made out for invocation of powers under Article 227 of the Constitution of India. Petition fails and the same is dismissed. It is, however, expressly made clear that where a decree is appealed from by the petitioner, any error, defect or irregularity in the impugned order, affecting the decision of the case, may be set forth as a ground of objection in the memorandum of appeal as contemplated by Section 105(1) C.P.C.

(R. G. KETKAR, J.) Minal Parab 2/2