1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7318 OF 2009 1. Shri Jayant Laxman Nimkar & ors. ...Petitioners Vs 1. Shri Rohidas Shankar Nimkar & ors. ...Respondents Mr. M.S. Lad for the petitioners. Mr. Rajesh S. Datar for the respondent No.1. CORAM: S.J. VAZIFDAR, J. DATED : 5TH JANUARY, 2010. P.C. : 1. Rule. 2. By consent, Rule is made returnable forthwith and heard finally. 3. The impugned order is passed on an application of Defendant No.1 for the production of documents after the evidence had 2 commenced. 4. I do not intend interfering with the exercise of discretion by the learned Judge insofar as he has allowed the production of the documents. 5. The impugned order, however, does not clarify that the mere liberty to produce the documents does not entitle Defendant No.1 to have them marked in evidence. This, Defendant No.1 must do in accordance with law. 6. In the circumstances, the Writ Petition is disposed of by the following order :- (i) Defendant No.1 shall be entitled to produce the said documents. The documents shall not, however, thereby be deemed to have been proved in evidence. Defendant No.1 must prove the documents in accordance with law. 3 (ii) All the contentions and objections of the parties in regard to the admissibility of the said documents are kept open.