1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR LPA NO. 276 OF 2009 IN W.P. NO. 5404 OF 2008 (Manohar Janardhan Bhadade vs. Shri Bhaskar Ganpat Walokar & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI & F.M. REIS, JJ. OCTOBER 08, 2009. Heard finally with the consent of Shri Shende, Advocate for the appellant and Shri Chandurkar, Advocate for the respondents. The trial Court has refused to issue witness summons only because of alleged admission in cross examination by the appellant that he has not filed any document on record to show that suit house falls in slum area as stated by him in para 4 of the objection. He, however, has filed a xerox copy of some document and later on its certified copy and he wanted to prove that document. In the circumstances, we find that the said admission in cross examination given by the appellant cannot be determinative of the nature of document or its relevance and cannot be the reason to refuse witness summons to him. As Shri Chandurkar, Advocate has raised some doubts about the authority by which said 2 certificate has been issued, we quash and set aside the order dated 11.11.2008 passed by the Small Causes Court, Nagpur, of application for grant of permission to issue witness summons. The Small Causes Court shall decide said application afresh after hearing parties but ignore the alleged admission of the appellant. As the matter is old and pending in execution, Small Causes Court, Nagpur, shall attempt to decide the said application and Regular Darkhast as early as possible and in any case by 31st March 2010. It is clarified that the observations of this Court in Writ Petition No. 5404 of 2008 on the merits of maintainability of objection raised by the appellant are unwarranted and are, therefore, set aside. The issue can be gone into on merits by Small Causes Court while considering the objection raised in Regular Darkhast on merits. Letters Patent Appeal is thus partly allowed. However, there shall be no order as to costs. JUDGE JUDGE *GS.