Judgment · High Court · 2005

passed necessary various controversy findings recorded Court. The learned Judge impugned paragraph 15 relied various documents produced instance petitioner herein. grievance election petitioner. The The respondent NO.1 herein documents produced evidence closed inspite objections raised Respondent No.1 Respondent No.1 challenge authenticity documents. It submitted opportunity should authenticity petitioner challenge documents. failure comply requirement this ground alone the impugned order is liable to be set aside. As

In the impugned order the learned Judge pleased record a finding sometime petitioner herein Bandu Govind Shinde sometime Shinde Bandu Eknath. The whether documents paragraph 15 relied without giving opportunity respondent No.1 contesting respondents. In opinion documentary evidence unless admitted Respondents proved course evidence. That done. That documents produced opportunity contesting respondents. That having not been given the impugned order on that count is liable to be set aside.

In the light of that Rule made absolute prayer clause (b). The matter remanded learned Judge. The petitioner, advised, documents listed paragraph 15 produce course examination. The Court having allowed petitioner documents permit evidence. The contesting respondents allowed examine petitioner evidence desire aspect matter. The Court thereafter to pass appropriate orders according to law.