11.2024 M/s Spartans Club D.C. Chaudhary & Ors. v. Pe//oner
Case at a glance
Provisions considered
Judgment
HON’BLE MR. JUSTICE DEEPAK GUPTA Present: Ms. Pranjal P. Chaudhary, Advocate and Ms. Ruby Gupta, Advocate for the pe(cid:29)(cid:29)oner. **** DEEPAK GUPTA, J. (ORAL) By way of this pe(cid:29)(cid:29)on filed under Ar(cid:29)cle 227 of the Cons(cid:29)tu(cid:29)on of India, pe(cid:29)(cid:29)oner prays to set aside the order dated 15.01.2024 (Annexure P-4) passed by learned Civil Judge (Junior Division), Faridabad, whereby an applica(cid:29)on under Sec(cid:29)on 151 CPC moved by the pe(cid:29)(cid:29)oner (defendant before the trial Court) for de-exhibi(cid:29)ng the photocopy of lease agreement dated
01.01.2016 as Ex.P-4, was dismissed.
#2. Perusal of the impugned order would reveal that during his evidence, the plain(cid:29)ff (respondent before this Court) produced photocopy of a lease agreement, which was marked by the Court as Ex.P-4. Plain(cid:29)ff had also produced Daily Diary No.14 dated 23.10.2023 in order to contend that the original rent agreement was lost. Applica(cid:29)on of defendant (pe(cid:29)(cid:29)oner) to de-exhibit Ex.P-4 has been dismissed. NEETIKA TUTEJA 2024.11.26 17:27 I attest to the accuracy and integrity of this document CR-630-2024
#3. Learned counsel for the pe(cid:29)(cid:29)oner- defendant submits that the photocopy of the lease agreement could not have been exhibited as no permission was sought to produce any secondary evidence.
#4. A;er hearing learned counsel, this Court does not find any merit in this pe(cid:29)(cid:29)on because marking a document as exhibit or mark, is immaterial at this stage. It is for the Court concerned to consider at the appropriate stage as to whether a par(cid:29)cular document has been proved in accordance with law or not. No merits. Dismissed. ( DEEPAK GUPTA ) JUDGE November 26, 2024 Nee(cid:29)ka Tuteja Whether Speaking/reasoned Yes/No Yes/No Whether Reportable NEETIKA TUTEJA 2024.11.26 17:27 I attest to the accuracy and integrity of this document
Questions this judgment answers
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908.
Which court decided this case, and when?
Punjab & Haryana High Court, on 26 Nov 2024. The bench was DEEPAK GUPTA.
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