Mrs. Sandhyaben Navinchandra ... vs Manasni Co-Op. Hsg. Sco. Ltd. ...
2021 Latest Caselaw 2410 Bom

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ISM
                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                CIVIL APPELLATE JURISDICTION

                            WRIT PETITION (ST) NO. 4711 OF 2020


      Mrs. Sandhyaben Navinchandra                                     ....Petitioner
      Desai

              V/s.

      Manasni Co-Op. HSG. SOC. LTD.                                    .....Respondent
      through Secretary Smt. Pooja
      Sunil Dabir

      Ms. Gunjan Shah for the Petitioner


                               CORAM :      NITIN W. SAMBRE, J.

                               DATE:        FEBRUARY 5, 2021.

      P.C.:

      1]      Petitioner        is    aggrieved   by   the   order       impugned           dated

31/01/2020 passed by 4th Jt. Civil Judge Junior Division, Vasai

below Exh. 34 wherein the Petitioner is directed to prove the contents

of documents at serial Nos. 2, 9, 10 & 11.

2] The submissions are, Petitioner is medically indisposed and as

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such has executed registered power of attorney in favour of her

husband who is competent to depose on the issue of proving the

documents. She would further urge that some of the documents are

public documents and as such, proof is not required.

3] Support is drawn from the Judgment of the Apex Court in the

matter of Man Kaur (Dead) by LR's Vs. Hartar Singh Sangha [(2010)

10 Supreme Court Cases 512] particularly from para 18(g).

4] With the assistance, I have perused the aforesaid documents as

mentioned in clause 2 of the impugned order which are directed to be

proved by the Plaintiff by adducing evidence.

5] I see no illegality or material irregularity which warrants any

interference in the fndings particularly when same are in tune with

the provisions of Indian Evidence Act.

6] Support drawn from the Judgment of the Apex Court in the

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matter of Man Kaur (Dead) by LR's [cited supra] will be wholly

misplaced as in the case in hand, claim of the Petitioner is,

documents be permitted to be proved by examining power of attorney

holder of course who is not party to said documents.

7] That being so, no case for interference is made out. Petition

stands dismissed.

8] However, this will not preclude the Petitioner from applying for

examining the Plaintiff on commission. If such request is made, the

Civil Court shall deal with the same in accordance with law.

[NITIN W. SAMBRE, J.]