IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIDNARY ORIGINAL CIVIL JURISIDICTION ORIDNARY ORIGINAL CIVIL JURISIDICTION ORIDNARY ORIGINAL CIVIL JURISIDICTION CHAMBER SUMMONS NO.958 OF 2005 IN SUIT NO.2435 OF 1985 Corporation Bank .. Plaintiffs Vs. The Officer Liquidator, High Court, Bombay & Ors. being Liquidator of M/s.Greyhound Transways (India) P.Ltd... Defendants Mr.Subodh Joshi with Mr.Hatim i/b M/s.M.K. & Sabir for the plaintiffs Mr.B.D’souza for the defendant no.2 Mr.U.S.Patole, Asst. O.L. present CORAM: S.U. KAMDAR, J. CORAM: S.U. KAMDAR, J. CORAM: S.U. KAMDAR, J. DATE : 9TH AUGUST, 2005 DATE : 9TH AUGUST, 2005 DATE : 9TH AUGUST, 2005 P.C. : P.C. : P.C. : 1. The learned counsel for the plaintiffs states that they are unable to trace out the legal heirs of deceased defendant no.3 and therefore, they are dropping the said defendant no.3. 2. In so far as the present chamber summons is concerned, the same is taken out for bringing secondary evidence on record. Document which are produced are the xerox copies of the originals. The said xerox copies of the originals are admisisble as secondary evidence u.s.63 sub clause 2 of the Evidence Act. The learned counsel for the plaintiffs has drawn my attention to the explanation furnished in para 5 and 6 of the affidavit in support and contended that the said documents are lost and not traceable and therefore xerox copies must be taken into consideration. The learned counsel for the defendants has opposed the chamber summons and has relied upon the judgment of the Apex court in the case of Dayamathi Bai (Smt.) v/s. K.M.Shaffi, (2004) 7 Supreme Court Cases 107. In view of my earlier judgment in Chamber Summons No.827 of 2005 in Summary Suit No.1116 of 1996 Bank of India vs. G.M.Industries & Ors. decided on 20.7.05, Chamber Summons is required to be granted. Chamber Summons is made absolute subject to proof of contents of the documents by the plaintiffs and if any documents are found tampered with or fradulent then the said objection will be considered at the hearing of the suit whether such document to be taken into account or not. Chamber Summons disposed of accordingly. No order as to costs.