Order 3

Order Details: Order on Exhibit
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Coram :- L. B. M. M. A. Syed,
Judge,
C .R. No. 35 [B.B.]
Date :- 09-12-2025.
L.D. SUIT NO.46 OF 2022
ORDER ON ADMISSIBILITY OF DOCUMENT FILED BY PLAINTIFF.
The plaintiff, has filed his affidavit in lieu of
examination-in-chief vide Exhibit-21 as P.W.1. In support of
examination-in-chief, he has filed on record list of documents at
Exhibit-22. Defendant has failed to file his say, therefore no say
order was passed on 05.04.2024. In spite of sufficient opportunity
given to the defendant, he also failed to argue. Hence, application
proceeded without argument of the defendant on the present
application.
2. The documents at serial No.1 and 2 are xerox copies of
leave and license agreement dated 26th April, 2019 and 04th May,
2019 respectively. The said documents are xerox copies in nature,
therefore, they are not admissible as per Indian Evidence Act.
Hence, they are marked as Article-X (Colly).
3. The documents at Sr. No.3 and 4 are complaint letters
to Oshiwara Police Station dated 07.03.2022 and 8th March, 2022
respectively. The said documents are office copy in nature, coming
from proper custody. Hence, they are marked as Exhibit - 24(colly).
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4. The document at Sr. No.5 is xerox copy of the notice
dated 27th January, 2022. The said document is xerox copy in
nature, therefore it is not admissible as per Indian Evidence Act.
Hence, it be marked as Article X-1.
5. The document at Sr. No.6 is customer account ledger
report of IDBI Bank. The said report is put proper seal of the bank,
coming from proper custody. Hence, it be marked as Exhibit - 25.
6. The document at Sr. No.7 is electricity bills issued by
Adani Electricity and Tata Power for the period of September-2020
and October-2019 respectively. The said electricity bills are xerox
copies in nature, therefore they are not admissible as per Indian
Evidence Act. Hence, they are marked as Article X-2.
7. The documents at Sr. No.8 to 10 are various print
out/screen shots of payments, xerox of pay order/transfer of
Rs.1,80,000/- paid to Tata Power for electricity charges, cheques
issued to Adani Electricity, Tata Power and transaction
acknowledgments respectively. The document at Sr. No.8 are print
outs/screen shots which are not supported with the certificate u/s.
65-B of Indian Evidence Act. The documents at Sr. No.9 and 10 are
xerox copies in nature, therefore they are not admissible as per
Indian Evidence Act. Hence, Sr. No.8 to 10 are marked as
Article X-3 (colly).
8. The documents at Sr. No.11 and 12 are xerox copies of
health license dated 01.11.2021 and letter to Adani Electricity. The
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said documents are xerox copies in nature, therefore they are not
admissible as per Indian Evidence Act. Hence, they are be marked
as Article X-4 (colly).
9. The document at Sr. No.13 and 14 are photographs of
suit premises. The said photographs are not annexed with the
certificate u/s. 65-B of Indian Evidence Act. Hence, they ar marked
as Article X-5 (colly).
10. The document at Sr. No.15 to 17 are NC complaint
dated 27.03.2022, complaint dated 18.04.2022 and Police Report
dated 28.04.2022. The said documents are original in nature,
coming from proper custody. Hence they are marked as
Exhibit- 26 (Colly).
Sd/-
(L. B. M. M. A. Syed)
Date : 09.12.2025. Judge, C.R. No. 35(B.B.)
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