Mrs. June Miranda And ANR. v. Mr. Bobby Thomas

904-wp-12531-2017.odt Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO.12531 OF 2017 June Miranda & another ] Petitioners Vs.

Bobby Thomas ] Respondent .....

Mr. Sajid Shamin a/w Mr. Murtuza S. i/b Shamim & Co., for petitioners. Mr. P.N. Shah, for respondent.

.....

CORAM :

R.G. KETKAR, J.

DATE :

19TH JULY, 2018.

P.C.

Heard Mr. Shamim, learned Counsel for the petitioners and Mr. Shah, learned Counsel for the respondent at length. 2.

This Petition takes exception to the order dated 21st April, 2016 passed by the learned Judge, Court Room No.38 of the Court of Small Causes at Mumbai (Bandra Branch) regarding admissibility of documents filed by the plaintiffs at list Exhibit 50 in R.A.E Suit No.479/983 of 2008. 3.

Rule. Mr. Shah waives service. Having regard to the narrow controversy raised in this Petition as also at the request and by consent of learned Counsel for the parties, Rule is made returnable forthwith and Petition is taken up for final hearing. Mr. Shamim has restricted his challenge in respect of following items;

[4], [7] [8] [10] [16] and[48].

904-wp-12531-2017.odt 4.

It is not in dispute that the plaintiff has produced original architect report dated 30th September, 2014. As the plaintiff has produced original report, the learned trial Judge should have marked it as Exhibit subject to proof of contents thereof. In so far as Item No.7 is concerned, Mr. Shamim states that he will comply requirement of Section 65-B of the Indian Evidence Act, 1872. In so far as Items No.8,10 and 16 are concerned, as they are original documents, the learned trial Judge should have marked them as exhibits subject to proof of contents thereof. As far as Item No. 48 is concerned, since it is photo copy, the learned trial Judge rightly marked it as Article. 5.

In view thereof, document at Sr. No.4 is marked as Exhibit 93 . Document at Sr. No.8 is marked as Exhibit 94. Document at Sr. No.10 is marked as Exhibit 95. Document at Sr. No.16 is marked as Exhibit 96. All these documents are marked as exhibits subject to proof of contents thereof. 6.

Rule is made absolute accordingly with no order as to costs. [R.G. KETKAR, J.]