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Anil Kumar Purohit vs. Ashok Kumar Purohit & Ors.

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Code of Civil Procedure, 1908–Order 8, Rule 1A(3)–Rejection of application–Justification–Trial Court was swayed away by cutting and hand-written entries of the bank passbook of defendant no. 1–Plea of the petitioner that the relevant entries on which, he seeks to rely on, has no cutting and overwriting and if any, same are duly initiated by the concerned bank officers–Plaintiff would get the opportunity to cross-examine the defendants on the documents including the entries of pass book and bank statement–Case of defendants that they provided the fund in purchase of certain property and amount was transferred from the bank accounts of defendant nos. 1 & 2 –Documents cannot be held to be irrelevant and their authenticity and evidential value are subject to the decision of Trial Court–Documents have been produced at the stage of plaintiff evidence–Application deserves to be allowed.