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1 - 4 of 4 (0.02 seconds)The Code of Civil Procedure, 1908
Balbhadrasinh Raghuvirsinh Rana & 5 vs Nitaba Balbhadrasinh Rana on 20 May, 2016
10. It is true that the original defendant was requried to produce
documents at the relevant time but prima-facie when the
documents is not concocted or false and the same is registered
wherein the interest of defendant is prima-facie made out case on
the basis of the suit filed by Balbhadrasinh Raghuvirsinh Rana
Vs. Nitaba Balbhadrasinh Rana Guardian of Minor Omkarsinh
wherein the property is shown as an ancestral property upon such
premises both the parties have right to adduce evidence and to
prove accordingly. Both the parties shall get opportunity of rebuttal,
if any, therefore, merely on the technical aspect i.e. on procedural
aspect, if the permission to produce documents is not given, in that
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C/SCA/9941/2015 ORDER
case, the petitioners may cause prejudice for his valuable rights,
therefore, this Court is of the opinion that if one opportunity be
given to the petitioners by imposing exemplary cost, then justice
would be done. Further, as mentioned earlier though the notice was
served but none is appeared for the respondent No. 1. Therefore,
this Court is of the opinion that justice should be done on merits
rather than on mere technicalities and on the basis of lack of
procedural aspect, Accordingly, in the peculiar facts and
circumstances of the case on hand, this petition requires favourable
consideration, in the larger interest of justice.
Section 151 in The Code of Civil Procedure, 1908 [Entire Act]
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