Writ petitions filed under Article 227 challenging Small Causes Court orders refusing to recall a witness and amend plaint were disposed of as the petitioner had withdrawn the pleas.
Writ petitions disposed of as not pressed.
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.
WP6238_13.sxw
IN THE HIGH COURT OF JUDICATURE AT MUMBAI CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.6238 OF 2013
Kamal Pasha Zaidy … Petitioner Vs. Durgawati Devi … Respondent
WITH WRIT PETITION (ST.) NO.13306 OF 2013
Kamal Pasha Zaidy … Petitioner Vs. Ram Kripal … Respondent
Mr. Khan Javed Akhtar for the Petitioner in both the Petitions. Mr. J. P. Mishra for Respondents in both the Petitions.
CORAM : R. G. KETKAR, J. DATE : 26TH AUGUST, 2013
P.C.:
Heard Mr. Khan Javed Akhtar, learned Counsel for the petitioner and
Mr. Mishra, learned Counsel for the respondent in both the Petitions at length.
Small Causes Court in Revision Application preferred by the petitioner.
1/2
WP6238_13.sxw
by the petitioner for recalling witness P.W.1 for production of the order passed by this Court in Writ Petition and for amending the plaint. By order dated 26.02.2013, the learned trial Judge recorded that the petitionerplaintiff wants to produce the order passed in Writ Petition for which oral evidence is not required to be adduced. Certified copy of the order passed can be directly produced on record and can be read in evidence. However, if any necessity of recalling the P.W.1 would arise for the plaintiff, an appropriate step can be taken by the plaintiff in that regard at appropriate time and obviously after completion of the defendant's evidence. Mr. Khan states that the petitioner will file certified copy of the order passed in Writ Petition along with purshis in the trial Court.
(R. G. KETKAR, J.)
Minal Parab
2/2
2 provisions across 1 enactments
Kamal Pasha Zaidy
Durgawati Devi
Ram Kripal
R. G. Ketkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
