Order 1

Order Details: Order on Exhibit
Pdf Text: 1
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
Coram : S. N. Godbole, Judge
Court Room No.33
Date : 06th February, 2026
R.A.E. Suit No. 316 of 2024
Order on admissibility of documents produced by plaintiff (Exhibit 11)
1. Hindendra Jhaveri @ Soni (PW-1) has filed his affidavit of
examination-in-chief at Exhibit No.10 and documents along with list at
Exhibit No.11. The matter is proceeded ex-parte against defendant.
2. Heard Learned Advocate for the plaintiff.
3. Document at Sr. No.1 (Page No.1) is certified copy of the
F.I.R. lodged in the police station Borivali on the report of plaintiff.
PW-1 has deposed about said document in his affidavit of examination-
in-chief. The same has come from proper custody and has formal proof.
Being a certified copy, the same can be admissible in evidence. Hence,
it is marked as Exhibit No.12.
4. Document at Sr. No.2 (Page Nos.2 to 4) is the xerox copy of
Property Card. The plaintiff has not made foundation for leading
secondary evidence. Therefore, the same is marked as Article ‘X’.
5. Document at Sr. No.3 (Page Nos.5 to 12) is the office copy
of notice dated 04.06.2022 addressed on behalf of plaintiff to the
Advocate Mr. Punit A. Desai alongwith Sealed envelope and postal
acknowledgment. PW-1 has deposed about said document in his
affidavit of examination-in-chief. The same has come from proper
custody and has formal proof. Being office copy and original, the same
can be admissible in evidence. Hence, it is marked as Exhibit No.13/1
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and 13/2 (Colly.).
6. Document at Sr. No.4 (Page Nos.13 to 30) are photographs.
The plaintiff has not made foundation for leading secondary evidence.
Therefore, the same is marked as Article ‘X-1’ (Colly).
7. Document at Sr. No.5 (Page Nos.31 and 32) is xerox of
sanctioned plan. The plaintiff has not made foundation for leading
secondary evidence. Therefore, the same is marked as Article ‘X-2’ .
8. Document at Sr. No.6 (Page No.33) is xerox copy of letter
dated 22.05.2021 sent by Assistant Engineer, M.C.G.M. to the
owner/occupier, Kalavati Niwas, Plot No.10, Borivali (East), Mumbai.
The plaintiff has not made foundation for leading secondary evidence.
Therefore, the same is marked as Article ‘X-3’.
9. Document at Sr. No.7 (Page No.34 to 40) are Ration Card,
Aadhar Card and PAN Card. The plaintiff has not made foundation for
leading secondary evidence. Therefore, the same is marked as Article
‘X-4’ (Colly).
10. Document at Sr. No.8 (Page Nos.41 to 44) is the xerox copy of
notice dated 04.12.2021 addressed by Advocate Mr. Punit A. Desai to
plaintiff. The plaintiff has not made foundation for leading secondary
evidence. Therefore, the same is marked as Article ‘X-5’.
( It is expressly made clear that the exhibiting of the documents
does not dispense with the burden of proof to be discharged for proving
the contents of the documents. Whether the contents of documents are
proved and what is the effect of the document in appreciation of
evidence is matter kept open for argument at appropriate stage).
( S. N. Godbole )
Date : 06.02.2026 Judge, C. R. No.33
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