The writ petition was allowed to be withdrawn. The Court observed that the petitioner may object to the introduction of documentary evidence in amendments and may challenge reliance on such documents if adverse. The petition is dismissed as withdrawn with these observations.
Petition allowed to be withdrawn.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.5958 OF 2006
Chandramohan Madanmohan Chokhani.. Petitioner
Versus
Sushilarani Madanmohan Chokhani
and Ors. .. Respondents
Mr.M.Arshad Haindaday for petitioner
CORAM : S.C.DHARMADHIKARI, J.
DATE : 14th June 2007.
P.C.
. At the request of Mr.Haindaday this
petition is allowed to be withdrawn. Needless to
state that in case the documents which are sought
2
to be introduced by the amendments are sought to
be tendered in evidence, the petitioner will have
every opportunity in law to object to their being
exhibited. This order also does not prevent the
petitioner from raising appropriate contentions
on merits of the controversy. Further needless
to add that in case these documents are exhibited
and are relied upon in the final verdict and if
the same is adverse to the petitioner, the
impugned order does not preclude the petitioner
from raising appropriate grounds to challenge the
same. Petition is dismissed as withdrawn with
above observations.
(S.C.Dharmadhikari, J)
Chandramohan Madanmohan Chokhani
Sushilarani Madanmohan Chokhani
S.C. Dharmadhikari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court