1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10431 OF 2009 Sanjay Vasantrao Kuradhe .... Petitioner Vs. Vasantrao Dattatrya Kuradhe .... Respondent Mr. Umesh R. Mankapure for the Petitioner. None for the Respondent. CORAM : A.S. OKA, J. DATE : MAY 6, 2010 P.C. : The learned counsel appearing for the Petitioner states that notice for final disposal has been served to the Respondent. None appears for the Respondent. The Application made by the Petitioner seeking permission to lead secondary evidence was rejected mainly on two grounds. The first ground is that there is no affidavit in support. The second ground is that the Application is not signed by the Petitioner. The learned counsel appearing for the Petitioner states that the Petitioner may be permitted to file a fresh Application supported by an affidavit. The request made is 2 reasonable as the earlier application has not been decided on merits. 2. Hence, I pass the following order : :: O R D E R :: i. The impugned order dated 3rd November, 2009 passed by the Civil Judge, Junior Division Palus, is quashed and set aside. ii. The Petitioner is permitted to withdraw the application at Exhibit 53 with liberty to file a fresh application alongwith an affidavit in support. iii. If such fresh Application is made, the same will be decided on its own merits without being influenced by the impugned order. [A.S. OKA, J.]