Gujarat High Court
Patel Becharbhai @ Bahecharbhai ... vs Patel Shanabhai Nagar Bhai on 24 February, 2020
Author: R.P.Dholaria
Bench: R.P.Dholaria
C/SCA/21869/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 21869 of 2019
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PATEL BECHARBHAI @ BAHECHARBHAI BHIKHABHAI
Versus
PATEL SHANABHAI NAGAR BHAI
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Appearance:
HCLS COMMITTEE(4998) for the Petitioner(s) No. 1
MR. DEVENDRA G RANA(6997) for the Petitioner(s) No. 1
for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE R.P.DHOLARIA
Date : 24/02/2020
ORAL ORDER
[1] By way of the present application, the applicant has challenged the order dated 28.08.2019 passed by the learned Principal Senior Civil Judge, Idar below Exh.52 in Regular Civil Suit No.110 of 2015.
[2] Mr. Devendra Rana, learned advocate for the applicant has submitted that civil suit was heard by learned Judge. Then after at a later stage, when the petitioner came across some vital evidence like Panchnama of property in dispute, which applicant could not produce at the time of leading evidence. However, when such vital evidence came in possession of the petitioner, the learned trial Court had closed his rights for leading the evidence, therefore, he preferred an application for opening the stage of leading evidence and requested to produce such evidence. But the learned Court has dismissed the said application.
[3] Having heard learned advocate for the applicant and having gone through the materials available on record as well as perused the impugned order, it appears that the learned Court Page 1 of 2 Downloaded on : Mon Jun 15 09:39:37 IST 2020 C/SCA/21869/2019 ORDER below in the order impugned observed that the present petitioner has produced the Panchnama after closing of the stage of leading evidence. The petitioner has referred particular evidence and has tried to place on record as envisaged under the provisions of Code of Civil Procedure to prove the aforesaid panchnama sought to be produced. However, the contents of said panchnama shall not be read for decision of the suit during the course of leading evidence. Neither the applicant has referred particular evidence, nor he has tried to place on record by way of adopting regular mode as envisaged under the provisions of Code of Civil Procedure to prove the aforesaid panchnama sought to be produced. Therefore, this Court is of the considered opinion that the application for seeking production of evidence stands allowed.
[4] Therefore, the order passed by learned Judge, Idar below Exh. 52 in Regular Civil Suit No.110 of 2015 is quashed and set aside. It is made clear that allowing of the application shall not be treated as an impediment in the way of the learned Court below in deciding the suit.
[5] In view of the above, the present application stands disposed of.
(R.P.DHOLARIA, J) Manoj Page 2 of 2 Downloaded on : Mon Jun 15 09:39:37 IST 2020