Bombay High Court
Rajeshkumar Changuprasad Sonar ... vs Ibrahim Yusuf Shaikh And Anr on 10 October, 2023
Bench: Amit Borkar
2023:BHC-AS:29951
10-wp12554-2023.doc
AGK
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.12554 OF 2023
Rajeshkumar Changuprasad Sonar
& Anr. ... Petitioners
V/s.
Ibrahim Yusuf Shaikh & Anr. ... Respondents
Mr. Dinesh Bhosale for the petitioners.
CORAM : AMIT BORKAR, J.
DATED : OCTOBER 10, 2023
P.C.:
1. By the impugned order, the Trial Court rejected application
filed by defendant Nos.1 and 2 to de-exhibit documents at serial
Nos.1 to 20.
2. The respondents filed suit for specific performance of
Memorandum of Understanding dated 4 June 2015. In the said
suit, the Trial Court fixed stage of admission and denial of
documents for filing say on the documents produced by the
plaintiffs. Since 21 March 2022, the petitioners were given four
opportunities to raise objection to the documents produced by the
plaintiffs. On 17 September 2022, petitioners sought time to file
say to the documents. Despite such opportunities, the petitioners
failed to file say. Adjournment on 17 September 2022 was granted
subject to payment of costs. The costs was also not paid. Hence,
the Trial Court on 15 November 2022 proceeded to exhibit the
10-wp12554-2023.doc
documents. Once the documents are exhibited, the defendants are
precluded from raising objection in relation to insufficiency of
stamp during said suit. Except such defense, the petitioners are
entitled to raise all other contentions as regards inadmissibility of
documents.
3. The Full Bench of this Court in Hemendra Rasiklal Ghia v.
Subodh Mody reported in 2008 (5) CTC 577 has delineated three
categories of proof: (i) documents which are insufficiently stamped
and no objection is raised before exhibiting the document; (ii) the
objection is in relation to mode of proof of documents; and (iii)
objection regarding admissibility of documents.
4. In relation to the first category of documents, the party is
precluded raising inadmissibility of documents once such
document is exhibited. However, in second category the party
needs to raise issue relating to mode of proof so that the Civil
Court comes to the conclusion that the document is not proved by
the party. Such party shall have opportunity to prove document
during the trial. In relation to the third category, it is open for the
party to raise such objection at any stage of the suit.
5. In the light of said judgment, in my opinion, it will be open
for the petitioners to raise all objections as are available under
clause (iii) of the judgment of the Full Bench.
6. With this clarification, the writ petition stands dismissed. No
costs.
(AMIT BORKAR, J.)
