In this petition, challenge is made to the order dated 15.12.2011 passed below Exh.202 and order dated 18.3.2011 passed below Exh.181 passed by the learned Additional Senior Civil Judge, Rajkot in Special Civil Suit No.280 of 1998.
It is urged by the learned advocate for the petitioner that the rejection of request of exhibiting the document being the CD came to be decided vide dated 18.3.2011 by an order below Exh.181. However, when an application was moved to get such CD examined through the Forensic Science Laboratory on dated 24.3.2011, such request has been denied by the impugned order dated 15.12.2011. Relying on two judgments of the Apex Court rendered in the case of State of Gujarat v. Shailendra Kamalkishore Pande & Ors., reported in 2008 (5) GLR 3901 and in the case of Tukaram S. Dighole v. Manikrao Shivaji Kokate, reported in (2010) 4 SCC 329, the decision is taken, which according to him, requires re-consideration.
Notice, returnable on 6.3.2012.
(MS.
SONIA GOKANI, J.) (vipul) Top