1 IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NOS. 526 AND 529 OF 2010 Smt. Hemlatabai Ravikant Darne and another. ... Petitioners versus Mr. Prakash Gurudas Timblo and others. ... Respondents Ms. Anupama Shah with Shri R. G. Rivonkar, Advocate for the Petitioners. Shri A. N. S. Nadkarni, Senior Advocate with Shri H. D. Naik, Advocate for Respondent Nos.3 to 6. CORAM : N. A. BRITTO, J. DATE : 23RD JULY, 2010. P.C.:- Heard learned Counsel on behalf of the Petitioners and learned Senior Counsel on behalf of Respondent Nos.3 to 6. 2. These Writ Petitions are filed by the plaintiffs against Order dated 4-2-2010 by which the applications of the plaintiffs have been rejected by the trial Court at Exhibits 95 and 99. 3. It appears that the plaintiffs produced at the time of evidence a bunch of telephone bills which were marked as C-80. The plaintiffs then filed 2 applications that there was no second page of the telephone bills in the said bunch, and, therefore direction be issued to locate the second page of the bills dated 6-8-2001 and 6-9-2001. Those applications have come to be dismissed. 4. According to the learned Civil Judge, Senior Division, there are 37 documents in the said bunch of Exh. C-80. It is rather unfortunate that the plaintiffs or their Counsel should have produced the said documents in the said manner, and the Presiding Officer should have accepted them in that manner without giving any further numbers or stating the number of pages/sheets of Exh.C-80. There are clear instructions in Chapter 27 of the Civil Manual as to how the documents are to be exhibited. Para 521 of the Civil Manual provides as follows:- “521. The following rules should be observed in marking and preparing exhibits recorded in the Court:- (a) ... (b) ... (c) ... (d) Where an exhibit consists of more sheets of paper or documents than one, the number of such sheets or documents should be shown in brackets below the number of the exhibit. 3 Para 524 provides as follows:- “If a document included in the list is referred to in the proceedings before it is tendered in evidence and formally proved, it should be immediately marked for identification. When it is tendered in evidence, it should be detached from the list. If rejected, it should be endorsed as prescribed by Order XIII, Rule 6, Civil Procedure Code, and returned. If admitted, the endorsement referred to in the above rule should be completed and signed by the Judge(Order XIII, Rule 4, Civil Procedure Code) and the document should be assigned the appropriate exhibit number and filed in the record and all references to it in the depositions and judgment should bear that number. Every document should be further marked with the letter 'P' or 'D' according as it is tendered by the plaintiff or the defendant. The number assigned to each document should be endorsed on the list of documents mentioned above”. The Civil Manual is meant to be followed and if meticulously followed, controversies such as these can be easily avoided. 5. The learned C.J.S.D. has dismissed the application of the plaintiffs for several reasons, and one of them is that the telephone bills Exh.C-80 were found stapled, a staple which was rather rusty thereby suggesting that the bills could not have been tampered with at any point of time. He also inquired from the dealing hand, and he was satisfied that pages 4 69 to 83 of the cross-examination of the plaintiffs' witness i. e. PW1 were stitched without removing/disturbing the said bunch. 6. Plaintiffs therefore are indulging in a futile exercise. The dismissal of their applications cannot be faulted. There is no scope for interference with the impugned Orders in supervisory jurisdiction. 7. The plaintiffs may have recourse to Section 65 of the Evidence Act in case such a remedy is available to them, if they so desire. 8. With the above observations, the Writ Petitions are disposed off. 9. A copy of this Order be circulated to all Judicial Officers in the State of Goa for strict compliance of the provisions of Civil Manual while exhibiting documents. N. A. BRITTO, J. RD