SCA/4999/2008 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 4999 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= VAGHARI DHARMIBEN JIVABHAI & 8 - Petitioner(s) Versus VISNAGAR NAGARPALIKA - Respondent(s) ========================================================= Appearance : MR YM THAKORE for Petitioner(s) : 1 - 9. NOTICE SERVED for Respondent(s) : 1, MR BS PATEL for Respondent(s) : 1, MRS RANJAN B PATEL for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 06/08/2008 ORAL JUDGMENT 1. Leave to amend Exhibit Number. 2. By way of this petition under Article 227 of the Constitution of India, the petitioners – original plaintiffs have prayed for appropriate writ, order and/or directions, SCA/4999/2008 2/4 JUDGMENT for quashing and setting aside the order dtd.22/2/2008 passed by the trial court below application Ex.127 in Regular Civil Suit No. 258 of 1992 in so far as not exhibiting some of the documents produced at Mark 97/1 to 97/3 and 4/8 to 4/10. 3. Mr.Y.M. Thakore, learned advocate appearing on behalf of the petitioners has submitted that all the aforesaid documents were in fact referred to in the Examination-in- chief but by mistake, they were not produced and accordingly not exhibited. 4. Mr.B.S. Patel, learned advocate appearing on behalf of the respondent has submitted that as such, all the aforesaid documents are not admitted by the respondent and their admissibility is yet to be considered and therefore, they cannot be exhibited. 5. Having heard the learned advocate appearing on behalf of the respective parties and having considered the decision of the Hon'ble Supreme Court in the case of Bipin Shantilal Panchal vs. State of Gujarat and another, reported in A.I.R. 2001 S.C. 1158, it appears that present Special Civil Application can be disposed of by directing the trial court to tentatively exhibit those documents and to adopt the course adopted by the SCA/4999/2008 3/4 JUDGMENT Hon'ble Supreme Court in the said decision. 6. In the case of Bipin Shantilal Panchal (supra) the Hon'ble Supreme Court has observed that in case whenever an objection is raised during evidence taking stage regarding the admissibility of any material or item of oral evidence the trial court can make a note of such objection and mark the objected documents tentatively as an exhibit in the case (or record the objected part of the oral evidence) subject to such objections to be decided at the last stage in the final judgement. The Hon'ble Supreme Court has further observed that if the Court finds at the final stage that objection so raised is sustainable, the Judge or Magistrate can keep such evidence excluded from consideration and there will not be any illegality in adopting such a course. 7. Considering the above, the present Special Civil Application can be disposed of by adopting such a course. Accordingly the learned trial court is directed to mark the aforesaid documents tentatively as an exhibit in the case subject to objections regarding admissibility of such documents to be decided at the time of last stage in the final judgement. If the Court finds at the final stage that the objections so raised are sustainable, the learned trial SCA/4999/2008 4/4 JUDGMENT court can keep such evidence excluded from consideration. The aforesaid would be without rights and contentions of the respective parties. 8. With these, the present Special Civil Application is disposed of. In the facts and circumstances of the case, there shall be no order as to costs. [M.R. SHAH, J.] rafik