In two writ petitions, the High Court of Bombay quashed an order rejecting evidence due to a consensus between parties to mark documents for identification only, clarifying that proof remains necessary.
Impugned order dated 7th April 2022 quashed and architect report/plan marked as exhibit for identification only; proof and objections kept open.
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.
2023:BHC-AS:38529
24-WP-9056-2022.doc
Harish
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.9056 of 2022 Seva Sadan Society ...Petitioner Versus Gool J Satta (Since Decd)Thru. Lhr. Rukhshana Murzban Patel & Anr. ...Respondents
WITH WRIT PETITION NO.15677 OF 2023
Seva Sadan Society ...Petitioner Versus Gool J Satta (Since Decd)Thru. Lhr. Mehernoz D. Kelawala & Ors. ...Respondents
Adv. Janani Swaminathan i/b Goapl Parab for the Petitioner. Ms. Vidita Bhalekar i/b Ms. Ranjana Parikh for the Respondents
CORAM : SHARMILA U DESHMUKH, J. DATE : DECEMBER 18, 2023
P. C. :
1. The Petition has been filed challenging the order dated 7th April,
2022 passed by the Small Causes Court rejecting the Petitioner’s Application for exhibiting the report of the architect and plan which were
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24-WP-9056-2022.doc
marked as Article.
2. Learned counsel for the parties have arrived at a consensus that the report of the architect and plan be marked as Exhibit only for the purpose of identification and the contents will have to be proved and all objections in that respect be kept open.
3. In view of the consensus arrived at between the parties, the impugned order dated 7th April, 2022 is quashed and set aside. The report of the architect and plan be marked as Exhibit only for the purpose of identification.
4. It is clarified that the marking of the document as Exhibit does not dispense with the proof of contents of the document and the same will be subject to the cross-examination as well as other objections raised. All contentions in this regard are expressly kept open.
5. Petition stands disposed of in the above terms.
(SHARMILA U. DESHMUKH, J. )
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2 issues framed by the court
Whether the impugned order rejecting the Application for exhibiting architect report and plan can be quashed in view of settlement between parties.
Whether marking document as Exhibit dispenses with proof of contents.
Seva Sadan Society
Gool J Satta (Since Decd) Thru. Lhr. Rukhshana Murzban Patel & Anr.
SHARMILA U DESHMUKH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
