1 wp-7793 & 7794-11.sxw mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7793 OF 2011 Rita Milan Kamdar ..Petitioner Vs. Poonam Semwal ..Respondent WITH WRIT PETITION NO.7794 OF 2011 Saddudin Vazrali Kajani through Constituted Attorney Mr. Milan Kamdar ..Petitioner Vs. Major H.K.Semwal through Constituted Attorney ..Respondent Mr. Jitendra Damami for the Petitioner in both the Petitions CORAM : R M SAVANT, J. DATE : 12th December 2011 P.C. 1 The impugned Order dated 13-12-2010 passed by the learned 6th Joint Civil Judge (S.D.) Thane, is the one rejecting to exhibit certain documents and seeking permission to lead secondary evidence in respect of a document, a true copy of which has been issued by the police. 2 The documents which could have been exhibited in terms of the Evidence Act have been so exhibited by the Trial Court by marking them as Exhibits 47 to 53. The document 46/2 which is a certified true copy issued by the police, the Trial Court was of the view that the same does not satisfy the conditions mentioned in Section 65 of the Evidence Act. In my view, considering the matter on touchstone of clause (a) of Section 65 of the 2 wp-7793 & 7794-11.sxw Evidence Act, the said finding cannot be faulted with. The Petitioner/Plaintiff would have to prove the said document by procedure known to law. 3 In so far as, the other documents which are mentioned in paragraph 3 of the impugned Order, the Trial Court has rightly held that the same cannot be exhibited for the reasons mentioned in the said Order. It would be for the Petitioner/Plaintiff to prove the said documents in accordance with law. 4 In so far as Writ Petition No.7794 of 2011 is concerned, the document i.e. the true copy issued by the police is at Sr.No.2 which is Exhibit 46/2 in the earlier Writ Petition No.7793 of 2011. The Order of the Trial Court in refusing to exhibit the documents mentioned in paragraph 3 of the impugned order, cannot be found fault with. The documents which are exhibited are mentioned at Sr. No.1, 7, 8, 9 & 10 which are numbered as Exhibit 46 to 50. Hence, in so far as, the documents which are the subject matter of the impugned order in Writ Petition No.7794 of 2011 are concerned, the Petitioner would be liable to prove the said documents in accordance with law. 5 With the aforesaid observations, both the Writ Petitions are dismissed. [R.M.SAVANT, J]