Interim Order 1

Order Details: Order below exhibit
Pdf Text: S.C.Suit No. 1118/2020. 1 Order below Exh.15.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
EXHIBIT NO. 15
IN
S. C. SUIT NO. 1118 OF 2020
Piedade John Pereira ...Plaintiff
Versus
Guilhermina Jack B. D’souza & Ors. ...Defendants
Shri K.G.Chavan, Advocate for the plaintiff.
Smt. Poonam Tiwari h/f Shri Pereira, Advocate for the defendant no.1
and 2.
CORAM : HIS HONOUR JUDGE SHRI S.D.KULKARNI.
(COURT ROOM NO.66).
DATE : 31st JANUARY, 2024.
ORDER BELOW EXHIBIT NO. 15.
1. This is an application filed by the plaintiff for production of
document. The contention of the plaintiff that his original ration card
lying with the defendant no.1, therefore defendant no.1 be directed to
produce the original ration card of plaintiff and handed over to him.
2. Defendant no.1 opposed the application by filing reply vide
Exh.16. The contention of defendant no.1 that he does not have the
original ration card of the plaintiff. Plaintiff herself taken the ration
card, therefore, defendant denied that he is having original ration card
of plaintiff.
3. On going through the application and reply, it reveals that
defendant has clearly stated that he does not have the original ration
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S.C.Suit No. 1118/2020. 2 Order below Exh.15.
card. Therefore as per Section 164 of the Indian Evidence Act which
reads as under :
“When a party refuses to produce a document which he
has had notice to produce, he cannot afterwards use the
document as evidence without the consent of the other
party or the order of the Court.”
4. In case at hand, the defendant refused to produce the
document. Even his contention is that the original document is not with
him. Therefore, in view of Section 164 of the Indian Evidence Act party
cannot compel to produce a document. Considering this, I pass
following order :
- ORDER -
Application (Exh.15) stands rejected. However, plaintiff is
entitled for apply of duplicate copy of ration card as he is having entire
details of it.
(S.D.KULKARNI)
Judge,
City Civil Court,
(Court Room No.66)
Date : 31/01/2024. Mumbai.
1. Dictated online on : 31/01/2024.
2. Placed for correction on : 31/01/2024.
3. Checked on : 01/02/2024.
4. Correction carried on : 05/02/2024.
5. Signed on : 05/02/2024.
6. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
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S.C.Suit No. 1118/2020. 3 Order below Exh.15.
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
06/02/2024. 11.32 a.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri S.D.Kulkarni.
(Court Room No.66).
Date of Pronouncement of Judgment/Order 31/01/2024.
Judgment/Order signed by P.O. on 05/02/2024.
Judgment/Order uploaded on 06/02/2024.
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