The High Court disposed of the writ petition based on a consensus between parties. It quashed the trial court's order allowing an additional affidavit and directed the plaintiff to be re-examined to clarify errors regarding shares claimed in connected suits.
Impugned order dated 10th July 2023 is quashed and plaintiff permitted be re-examined.
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.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 10006 OF 2023
Virendra C. Doshi. Versus
Jayesh Chunilal Doshi and Others.
..Petitioner.
..Respondents.
Mr. Nitesh Bhutekar, Ms. Gargi Warujikar for the petitioner. Mr. Satyavan N. Vaishnav, Ms. Nupur J. Mukherjee i/b M/s. N. N. Vaishnawa & Co., for respondent No.1.
——————
Coram : Sharmila U. Deshmukh, J. Date : August 18, 2023.
P. C. :
1 of 2
Patil-SR
[Sharmila U. Deshmukh, J.]
2 of 2
Patil-SR
2 issues framed by the court
Whether an impugned order permitting the filing of an additional affidavit was correctly passed contrary to Section 138 of the Indian Evidence Act.
Whether the parties could agree to re-examine the plaintiff to clarify an inadvertent error in shares claimed across two suits.
1 provisions across 1 enactments
Virendra C. Doshi
Jayesh Chunilal Doshi
Sharmila U. Deshmukh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court