High Court at Nagpur rejected a civil application filed by the applicant to file a document on record post-trial initiation, noting the absence of prior tender to the trial Court and failure to establish due diligence. The application was dismissed.
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FARAD CONTINUATION SHEET No . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR
CIVIL APPLICATION W. NO.304/2013 IN WRIT PETITION NO.6084/2010
Suresh Gulabrao Jadhav ...Versus... Shri Wasudeo Dattatraya Bhake and others
Shri R.S. Sundaram, Counsel for petitioner/applicant Shri S.M. Patrikar, Counsel for respondents
CORAM : SMT. VASANTI A. NAIK, J. DATE : 18.02.2013
Heard the learned Counsel for the parties. Perused the contents of the application.
The petitioner cannot be permitted to file the document on record as the petitioner had not tendered the document before the trial Court during the pendency of the trial. Moreover, the petitioner has not established that he could not have produced the document before the trial Court in spite of due diligence.
The civil application stands rejected.
JUDGE
ssw
1 issue framed by the court
Whether a petitioner can be permitted to file a document on record when it was not tendered before the trial Court during the pendency of the trial and due diligence was not established.
Suresh Gulabrao Jadhav
Shri Wasudeo Dattatraya Bhake and others
Vasanti A. Naik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
