Abhishek S/O Ravishankar Agrawal v. M/S Rai Saheb Gopi Kishan Agrawal Charitable Trust Village And P.O. Tumsar And ORS.

(1) 5wp202.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.202/2025 Abhishek Ravishankar Agrawal .Vs. M/s Rai Saheb Gopi Kishan Agrawal Charitable Trust, Village and Post Tumsar and Ors.

--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. O. A. Ghare, Advocate for petitioner.

Mr. S. V. Purohit, Advocate for respondent Nos. 1, 6 and 7. Ms V. Umale, Advocate for respondent No.5.

CORAM :

ANIL L. PANSARE, J.

DATE :

JANUARY 30, 2025 Heard learned counsel for the parties.

2.

One of the reasons why the Trial Court allowed the production of documents at the stage of argument is the finding of the Hon'ble Supreme Court in the case of Levaku Pedda Reddamma and Ors., wherein the Court held thus:

"3.

It is well settled that rule of procedure are handmaid of justice and, therefor, even if there is some delay, the trial Court should have imposed some costs rather than to decline the production of documents itself. 4.

Consequently, the appeal is allowed. The orders passed by the trial Corut and the High Court are set aside. The appellants - defendant Nos. 2 to 5 are permitted to file the documents and to prove the same in accordance with law."

3.

In the present case also, the Trial Court imposed costs, which has been deposited.

4.

In the circumstances, the purpose will be served if it is clarified that mere production of documents or exhibiting the same by itself will not amount to proof of contents of the same. The document will be examined on the touchstone of the provisions of the law including the Indian Evidence Act, 1872.

5.

The petition is accordingly dismissed with above clarification. No order as to costs.

(Anil L. Pansare, J.) Kahale