1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3777 OF 2008 Mangal Chand C. Jain ...... Petitioner. V/s M/s Girish & Associates ...... Respondents. ------ Mr. Sanjay Jain i/b M/s Zohair & Co. for the petitioner. Mr. A. Joshi i/b L.J. Law Associates for the respondents. ----- CORAM: V.M. KANADE, J. DATE : 27th June, 2008 P.C. 1. Heard the learned Counsel for the petitioner and the learned Counsel for the respondents. 2. The petitioner is challenging the order passed by the Small Causes Court at Bandra dated 01/04/2008 whereby the learned Single Judge was pleased to mark three documents as exhibits. The learned Counsel appearing on behalf of the Petitioner submits that the trial court ought not to have exhibited these documents firstly because these documents were not mentioned in the list of documents which were filed by the plaintiff. It is further submitted that under Order VI Rule 14, such documents could not have been taken on record and thirdly in view of the provisions of Order XIII Rule 1 also the Court 2 was not competent to mark these documents as exhibits. It is further submitted that the witness through whom these documents were sought to be exhibited was not competent to prove these documents. 3. In my view, all these objections can be considered by the trial court at the final hearing of the suit and it is not necessary at this stage to interfere with the order passed by the trial court, giving exhibit numbers to the said documents. With this clarification, Writ Petition is disposed of. All contentions of both the parties are kept open. Hearing of the suit is expedited. (V.M. KANADE, J.)