Citation : 2005 Latest Caselaw 240 Del
Judgement Date : 11 February, 2005
JUDGMENT
B.C. Patel, C.J.
CM No.2106/2005
Delay Condoned. Application allowed.
LPA No. 400/2005
1. This appeal is preferred against the order passed by the learned Single Judge in WP(C) No.4197/1997 on 9.9.2004.
2. The main question which was required to be considered by the Court was whether the petitioner, after partition of India, went away to reside in Pakistan, could have been decided on production of the petitioner's passport. Despite repeated opportunities granted, the passport has not been produced on record. Even the power of attorney is not a registered document. Therefore, in our opinion, the learned Single Judge has rightly rejected the petition. No interference is called for. The appeal is dismissed.
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