Even otherwise,
mere marking of documents as exhibits does not amount to
proving the contents thereof. The plaintiffs will have to prove the
contents of the documents. Understood thus, I do not find that
the learned trial Judge has committed any error in passing the
impugned order. Hence, Petition fails and the same is dismissed.
It is, however, expressly made clear that where a decree is
appealed from by the petitioner, any error, defect or irregularity
in the impugned order, affecting the decision of the case, may be
set forth as a ground of objection in the memorandum of appeal
as contemplated by Section 105(1) of C.P.C.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 4651 OF 2016
Dr. M.K.Prakash Vs Smt. Snehmala Sapale.
CORAM : R.G.KETKAR,J.
DATE : 24/06/2016
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mere marking of documents as exhibits does not amount to
proving the contents thereof. The plaintiffs will have to prove the
contents of the documents. Understood thus, I do not find that
the learned trial Judge has committed any error in passing the
impugned order. Hence, Petition fails and the same is dismissed.
It is, however, expressly made clear that where a decree is
appealed from by the petitioner, any error, defect or irregularity
in the impugned order, affecting the decision of the case, may be
set forth as a ground of objection in the memorandum of appeal
as contemplated by Section 105(1) of C.P.C.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 4651 OF 2016
Dr. M.K.Prakash Vs Smt. Snehmala Sapale.
CORAM : R.G.KETKAR,J.
DATE : 24/06/2016
