1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4021 OF 2009 Smt. Sarla Bhagwan Lalla ... Petitioner v/s Prakash Bhojraj Lala & anr. ... Respondents Mr.A.S.Rao for the petitioner. CORAM: SMT.NISHITA MHATRE, J. DATED: 22ND JUNE, 2009 P.C.: 1. The petitioner has challenged the order passed on 9.2.2009 by the Trial Court, by which the Trial Court has refused permission to the petitioner to cross-examine the respondent on the basis of a photo copy of a document which the petitioner has produced and is marked Art.7. The Trial Court has observed that this document has not been proved by the petitioner and, therefore, is not accepted. In these circumstances, the Trial Court has disallowed 2 the petitioner from cross-examining the witness on the basis of this document. I see no reason to interfere with the order as without the document being exhibited the petitioner cannot examine the witness in respect of that document. At best, the petitioner could have called for the originals of that document from the Maharashtra State Electricity Board. 2. The other order by which the petitioner is aggrieved is passed on the same day by the Trial Court. The respondent No.2 has been permitted to lead evidence on behalf of her husband without there being a power of attorney in her favour executed by her husband. The learned advocate for the petitioner submits that such evidence cannot be permitted to be led without there being a power of attorney executed in her favour. 3. In my opinion, when the witness has stated that there is no power of attorney executed in her favour, the question of producing it does not arise. The Trial Court will consider the admissibility of her evidence at the stage of final hearing bearing in mind the aforesaid objection raised by the petitioner. 3 4. The issue regarding the admissibility of all the documents will obviously be considered by the Trial Court at the final hearing of the suit. 5. Writ petition disposed of accordingly. ..... 4