( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION USJ CHAMBER SUMMONS NO.304 OF 2009 CHAMBER SUMMONS NO.304 OF 2009 CHAMBER SUMMONS NO.304 OF 2009 IN IN IN SUIT NO.1452 OF 1981 SUIT NO.1452 OF 1981 SUIT NO.1452 OF 1981 Arjan Motiram Khiani & Ors. ..Plaintiffs V/s. Metharam Rijhumal Khiani & Ors. ..Defendants ...... Ms.Shewta Jaydeo i/by M/s. Khaitan & Jaykar for plaintiffs Mr. Nitin Thakkar, Ms. Manjiri Shah i/by G.C. Mohanty, for defendant No.1, 5 to 7. Mr. Anil Lulla for defendant No.3. ...... CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATED : 1st April, 2009 DATED : 1st April, 2009 DATED : 1st April, 2009 ( 2 ) P.C.: P.C.: P.C.: 1. This Chamber Summons is taken out for seeking permission of the Court to lead secondary evidence in respect of certain documents, which are set out in the Schedule to the Chamber Summons. Parties have completed the pleadings. Affidavit in reply filed by defendant No.1 to 5 and 7 is taken on record. 2. I have heard learned Counsel on both the sides. Counsel for the defendants contended that in this affidavit in support of this Chamber summons, proper foundation is not laid and, therefore, permission should not be granted. 3. In my view whether a particular document can be exhibited or not upon secondary evidence of the same will depend upon the actual evidence (contents of evidence affidavit) given by a particular witness through which a particular document is sought to be proved by secondary evidence. In my view, the Court will carry out the exercise of going through the evidence of each and every witness ofcourse in examination-in-chief and decide whether a particular ( 3 ) document is proved by giving primary evidence or if necessary giving secondary evidence and the Court will go through the contents of the evidence affidavit and find out whether the minimum requirements are satisfied. If these requirements are not met then the such document will continue to be marked for identification and that is how the matter shall be attended to. In my view, if the aforesaid procedure is adopted, plaintiffs will get sufficient opportunity to prove certain documents by way of secondary evidence and ofcourse defendants will have chance to cross-examination the witness on the basis of evidence affidavit filed by a particular witness. 4. With this observation, the Chamber Summons is granted with no order as to costs. It is clarified that as of today the Court has not recorded any view on merits. All questions are kept open. (R.Y. GANOO, J.) (R.Y. GANOO, J.) (R.Y. GANOO, J.)