1 21.chs-1877-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi CHAMBER SUMMONS NO. 1877 OF 2011 IN SUMMARY SUIT NO. 2849 OF 2004. Ramesh Chaturdas Sheth. ..Plaintiff. vs. Ila Anant Bhatt. ..Defendant. .... Mr. R.C. Sheth, Plaintiff present. Mr. Dharal A. Patil, i/b. S.K. Legal Asso., for Defendant. .... CORAM : S.J. KATHAWALLA, J. DATE : 7TH DECEMBER 2011. P.C. : By this Chamber Summons, the Plaintiff seeks permission of the Court to lead secondary evidence in respect of 33 documents mentioned in the schedule to the Chamber Summons. Apart from the fact that this Court [Coram : S.J. Vazifdar, J.] in its decision in the case of Indian Overseas Bank vs. Trioka Textile Industries and Others, reported in 2006(6) Bom.C.R. 85 has held that “3. An independent application by way of a Chamber Summons or Notice of Motion is neither required nor desirable. It is always open for the party to lead secondary evidence before the Judge recording the evidence/hearing the matter without taking out such an application,” in the instant case, the Plaintiff appearing in person informs the Court that all the original documents are filed before this Court in a Revision Application filed by the Defendant being No. 172 of 2011. He further states that the original of the two documents are with 2 21.chs-1877-11 him. 2. In view thereof, if the original documents are already filed before this Court in a Criminal proceeding, the same or the certified copies of the same can always be produced by the Plaintiff before this Court. The question therefore of seeking permission to lead secondary evidence does not arise. 3. In the circumstances, no orders are passed in the Chamber Summons. The Chamber Summons is accordingly disposed of. [ S.J. KATHAWALLA, J. ]