Gujarat High Court
Parshottam vs Ishwariben on 28 July, 2010
Author: Anant S. Dave
Bench: Anant S. Dave
Gujarat High Court Case Information System
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SCA/11373/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 11373 of 2008
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PARSHOTTAM
JEOOMAL
Versus
ISHWARIBEN
WD/O JEOOMAL KIMATRAI & others
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Appearance :
MR
SURESH M SHAH for Petitioner
MR KV SHELAT for Respondent Nos. 1 to
8
MR JAYRAJ CHAUHAN for Respondent No.9
MR RAHUL K PANDYA for
Respondent No.11
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 28/07/2010
ORAL
ORDER
This petition under Articles 226 and 227 of the Constitution of India is filed by the petitioner [original defendant No.1] challenging the order dated 30th July 2008 passed by the learned Judge, Small Causes Court No.2, Ahmedabad, below Exh. 317 in H.R.P.C.S. No.911 of 2000, whereby, the plaintiff is permitted to show the documents produced by him which is referred by him Exh.210 along with list Serial Nos. 4 and 28 and Exh.2 87 along with list and with list serial Nos. 8, 9, 11, 12, 13, 14, 15 and 24 to refresh the memory of defendant No.1 and it is made clear that these documents will not be exhibited.
Having heard the learned advocates for the parties and considering the facts and circumstances of the case, the impugned order dated 30th July 2008 stands modified to the extent that the documents in question will be shown to the witness for refreshing the memory in the cross examination only and not for any other purpose and in case if any adverse order is passed by the trial court, it will be open for the parties to take action in accordance with law.
With the aforesaid direction, this petition is disposed of. Notice is discharged with no order as to costs. The interim relief stands vacated.
(ANANT S. DAVE, J.) (swamy) Top