Interim Order 1

Order Details: Other
Pdf Text: L.C SUIT NO.2451/2019 ..1.. ORDER ON DOCUMENTS
(CNR NO. : MHCC01-009088-2019)
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
ORDER ON DOCUMENTS
IN
L.C. SUIT NO.2451 OF 2019
(CNR NO. : MHCC01-009088-2019)
Karuppayya Mani Rammayya .....Plaintiff
V/s.
The Municipal Corporation of Gr. Mumbai & Anr. ....Defendants.
Appearance:-
Ld. Adv. Mr. S.S. Lanke for the Plaintiff.
Ld. Adv. Mr. Vidya Vyavahare for the defendants/MCGM
CORAM : HER HONOUR AD-HOC CIVIL JUDGE
SMT. C.P. JAIN (C.R.NO.06)
DATED : 03rd FEBRUARY, 2021.
ORDER ON ADMISSIBILITY OF DOCUMENTS FILED BY PLAINTIFF
1) The document at Sr.No.1,3 to 5,9,11,12,13,15,17 are
admitted by defendantsBMC. Therefore, they are marked as Exhibit-
6,7,8,9,12,14,15,16,17 and 18 respectively.
2) The document at Sr.No.2 is the copy of heirship certificate.
This document is neither signed by any officer nor it is bearing the seal
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L.C SUIT NO.2451/2019 ..2.. ORDER ON DOCUMENTS
of any public office. Therefore, the document cannot be admitted in
evidence. It is marked as Article-1.
3) The document at Sr.No.6, 7 and 10 are the original
pancard, Aadharcard and the Ration Card of plaintiff. These being the
original documents are public documents. Therefore, they are marked
as Exhibit-10, 11 and 13 respectively.
4) The document at Sr.No.8, 14, 16 are photocopies of
declaration dated 18.06.2018, gazzatte and indemnity bond dated
31.07.2020. These documents being photocopies cannot be admitted in
evidence. Furthermore, though it was submitted that the originals of
these documents are with defendants BMC and the documents be
admitted in evidence by way of secondary evidence, plaintiff has not
issued notice to produce the documents from defendants BMC. No
procedure for admitting the aforesaid documents on record is followed
as required under evidence act. Therefore, arguments of learned
advocate for plaintiff on these documents cannot be accepted. These
documents are marked as Article-2,3 and 4 respectively.
(Smt. C.P .Jain)
Ad-hoc Civil Judge
City Civil Court,
Gr. Bombay
Date :- 03/02/2021
Dictated on : 03.02.2021
Transcribed on : 03.02.2021
Signed on : 03.02.2021
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L.C SUIT NO.2451/2019 ..3.. ORDER ON DOCUMENTS
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 05.02.2021, 05.13 pm.
NAME OF STENOGRAPHER : Mr. Harshal D. Jagtap
Name of the Judge (With Court
Room No.)
HHJ Smt. C.P. Jain
C.R. No.06
Date of Pronouncement of
JUDGMENT/ORDER
03.02.2021
JUDGMENT/ORDER signed by P.O.
on
03.02.2021
JUDGMENT/ORDER uploaded on 05.02.2021
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