MURU MALDE Vs. AHERANI MATUBAI KARANA
HIGH COURT OF GUJARAT
AHERANI MATUBAI KARANA
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D.H.SHUKLA, M.K.SHAH -
(1.) The original plaintiff whose suit for partition and accounts of the properties belonging to his deceased adoptive father was dismissed has preferred this appeal challenging the judgment and decree by which his special suit No. 71 of 1970 was dismissed by an order dated 31 July; 1972 passed by the learned Civil Judge (Senior Division) at Jamnagar. ... ... ... ...
(2.) It is to be seen that the document is executed by Gaga Punja. That person is not examined though alive. The original document is also not produced and brought on record; but a certified copy is on record at Ex. 67. It was alleged that the original was with deceased Malde that is the deceased husband of defendant No. 1 and that as it was not forthcoming a copy should be exhibited. Now ordinarily a document would go after registration to the person who had executed the same that means it would go to Gaga Punja and unless Gaga Punja comes and explains as to what happened to the original document it would not be permissible to have a copy on record. ... ... ... ... ...
(3.) This document is therefore of a highly suspicious nature and cannot be relied upon particularly when the executants of the documents viz. Gaga and Liribai who are alive are not examined.;
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