SCA/10212/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 10212 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 ? ========================================================= MAHEMUDBHAI KASAMJI DEVDIWALA - Petitioner(s) Versus FAROOK KASAMJI DEVDIWALA & 1 - Respondent(s) ========================================================= Appearance : MR ASHOK K PADIA for Petitioner(s) : 1, NOTICE SERVED BY DS for Respondent(s) : 1 - 2. MR MTM HAKIM for Respondent(s) : 1 - 2. ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 26/08/2008 ORAL JUDGMENT 1. By way of this petition under Article 227 of the Constitution of India, the petitioner – original plaintiff has prayed for appropriate writ, order and/or directions for SCA/10212/2008 2/3 JUDGMENT quashing and setting aside the order dtd.24/6/2008 passed by the learned City Civil Court, Ahmedabad in Civil Suit No. 1711 of 2004 by exhibiting all the documents produced by the respondents – defendants vide List Ex.92, inspite of the objections raised by the petitioner – original plaintiff against some of the documents. 2. Mr.Ashok Padia, learned advocate appearing on behalf of the petitioner – plaintiff has submitted that inspite of specific objections raised by the petitioner – original plaintiff objecting to exhibit some of the documents, the learned trial court has exhibited all the documents, including the documents which were objected to by the petitioner, while passing the impugned order. 3. Mr.MTM Hakim, learned advocate appearing on behalf of the respondents – original defendants has submitted that if the impugned order passed by the trial court is modified suitably considering the decision of the Hon'ble Supreme Court reported in (2001) 3 SCC 1 to the effect that the documents which are exhibited inspite of the objections raised by the petitioner – original plaintiff, be treated as tentative exhibits and the admissibility of the same may be considered by the trial court at the time of SCA/10212/2008 3/3 JUDGMENT final disposal of the suit, he will have no objection. 4. Considering the above and the decision of the Hon'ble Supreme Court in the case of Bipin Shantilal Panchal Vs. State of Gujarat, reported in (2001) 3 SCC 1, the impugned order dtd.24/6/2008 passed by the learned City Civil Court, Ahmedabad in Civil Suit No.1711 of 2004 exhibiting the documents produced by the respondents – defendants vide List Ex.92, is modified to the extent that whatever the documents are exhibited inspite of the objections raised by the petitioner – plaintiff, the same may be treated as tentative exhibits and the admissibility of the same be considered at the time of final disposal of the suit. Rule is made absolute accordingly. In the facts and circumstances of the case, there shall be no order as to costs. [M.R. SHAH, J.] rafik