Dismissed

Mr. Kantilal Bherulal Jain v. Dhaval, Son of Kantilal Jain (Minor through His Maternal Uncle, Mr. Rakesh Kumar Geharilal Jain)

Bombay HC20 Mar 2015RPM/4/2015

Case brief

AI extract

What is this about?

This judgment dismisses a civil review petition. The petitioner challenged the appeal judgment alleging fabrication of the record due to a defective affidavit in the paper book. The Court held it had perused the original record and found no error apparent on the face of the record.

What did the court decide?

Review Petition ST. No. 635 of 2015 is dismissed.

Mr. Kantilal Bherulal Jain Vs Dhaval, Son of… — Civil Procedure and Limitation | Bombay HC (2015)

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revptnst-635.15

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ash

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FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION REVIEW PETITION ST. NO. 635 OF 2015 IN

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FAMILY COURT APPEAL NO.2 OF 2009

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Office Notes, Office memorandum of Coram, appearances, Court’s orders or directions & Registrar’s orders.

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Court’s or Judge’s orders.

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Shri Nirman Sharma i/by Dharam & Co for the Petitioner.

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CORAM : A.S. OKA & G.S.KULKARNI, JJ DATED : 20TH MARCH 2015

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P.C.:

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. Heard learned counsel appearing for the Review Petitioner. The Review Petitioner is the Respondent in the Appeal. He pointed out that the next friend of the Respondent has since expired. He makes this statement on the instructions of the Review Petitioner.

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The question of issue of notice will arise only if there is any merit.

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On 4^th March 2015, this Review Petition was adjourned to enable the learned Advocate to obtain No Objection from the original Advocate of the Review Petitioner, which was thereafter obtained and that is how this Review Petition is placed before us.

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revptnst-635.15

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ash

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The only submission of the learned counsel appearing for the Review Petitioner is that the paper book prepared by the Advocate for the Appellant in the Appeal was defective. He urged that a copy of the affidavit-in-lieu of the examination-in-chief forming a part of paper book is not the correct copy and, therefore, the finding of this Court based on consideration of the said copy of the evidence is erroneous. He submitted that the Respondent/Appellant in the Appeal has indulged in fabrication of record.

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By the Judgment and Order dated 30^th October 2014, this Court has dealt with the evidence on record. We must record here that this Court while deciding the Appeal has perused the original record and the affidavits-in-lieu of the examination-in-chief and the notes of evidence on the original record and accordingly have recorded our findings in the judgment under review.

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There is no error apparent on the face of record. Even otherwise, there is no ground for review. The Review Petition is dismissed.

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(G.S.KULKARNI, J) (A.S.OKA, J)

Mr. Kantilal Bherulal Jain v. Dhaval, Son of Kantilal Jain (Minor through His Maternal Uncle, Mr. Rakesh Kumar Geharilal Jain)

Case brief

What is this about?

What did the court decide?

Mr. Kantilal Bherulal Jain v. Dhaval, Son of Kantilal Jain (Minor through His Maternal Uncle, Mr. Rakesh Kumar Geharilal Jain)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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Mr. Kantilal Bherulal Jain Vs Dhaval, Son of Kantilal Jain (Minor through His Maternal Uncle, Mr. Rakesh Kumar Geharilal Jain)