Order 2

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT – 20
IN
L.E. SUIT NO. 19 of 2023
(CNR No. MHSCA3-000200-2023)
Mr. Pradeep Radharaman Ladiwal ... Plaintiff
Versus
Mr. Devendra Radharaman Ladiwal ... Defendant
Mr. S. A. Abhyankar, Ld. Advocate for Plaintiff.
Mr. A. M. Saraogi, Ld. Advocate for Defendant.
Coram :- P. K. Kharate, Judge
C. R. No. 36 [B.B.]
Date :- 09/11/2024
ORDER :
The plaintiff has filed present application stating that the
document at Sr. No. 1 is with the bank for mortgage. The said
document is in the custody of the bank and the bank has issued the
copy of said document. Moreover, the letter dated 08/06/2012 is
the office copy of the notice and advocate for the defendant has
also replied on 16/07/2012 to the said notice. Moreover, document
at Sr. No. 4 is also office copy of the notice. The document at Sr.
No. 5 is maintenance bill issued by the society which is computer
generated bill. The document at Sr. No. 7 is office copy of advocate
letter dated 14/01/2023. Hence, prayed to lead secondary evidence
of these documents.
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2. The defendant has filed reply on same application stating
that the plaintiff has filed evidence along-with documents. After
completing the pleadings and hearing the matter is kept for order
on plaintiffs documents. Therefore, present application is
premature and liable to be dismissed. Hence, prayed to reject the
application.
3. Heard advocate for both parties at length.
4. On perusal of the application, it appears that the
document at Sr. No. 1 is in the custody of the bank and said
document is issued by the bank. Hence, it is necessary to lead
secondary evidence of said document. Moreover, documents at Sr.
Nos. 2, 3, 4 and 7 are the office copies of the notices. The
defendants have no strong objection about said notices. Hence, it
is necessary to allow secondary evidence of those notices.
Moreover, defendant has ample chance to cross examine the
plaintiff on the above documents. Moreover, document at Sr. No. 5
is the copy of the maintenance bill. The plaintiff should have
examine the concern officer of the society to prove the said will.
Hence, it is necessary to allow secondary evidence of document at
Sr. No. 1 to 4 and 7. Hence, at this juncture it is necessary to partly
allow the application of the plaintiff to lead secondary evidence in
respect of said documents. Hence, I pass the following order:
ORDER
1. The application below Exh. 20 is partly allowed.
2. The plaintiff is permitted to lead secondary evidence of
document at Sr. No. 1 to 4 and 7.
/home/steno36/7. P.K. Kharate/2024/11. November, 2024/Orders/09.11.2024/EXH-20 LE 19 of 2023. secondary evidence.odt KCP
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3. Both parties to take note.
(Dictated and pronounced in open Court.)
(P. K. Kharate)
Date : 09/11/2024 Judge, C.R. No. 36
Order dictated and typed on : 09/11/2024
Order checked and signed on : 09/11/2024
/home/steno36/7. P.K. Kharate/2024/11. November, 2024/Orders/09.11.2024/EXH-20 LE 19 of 2023. secondary evidence.odt KCP
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