1 WP 5296/2011 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5296 OF 2011 Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. A.S. Joshi for the petitioner. CORAM : D.G. KARNIK, J DATE : 9TH AUGUST 2011 P.C. : 1. The petitioner (original plaintiff) made an application to the trial Court for a direction to the defendant no.1 for production of a sale deed. The order rejecting the application is impugned in this petition. 2. Learned counsel for the petitioner states that the original sale deed is in possession of the respondent (defendant 2 WP 5296/2011 no.1) and despite notice of production he is not producing the same. Hence, the petitioner applied to the Court for a direction to the defendant no.1 to produce the same. 3. The original sale deed is registered. If it is the case of the petitioner that the document is in possession of the respondent (defendant no.1) and despite notice he is not producing the same, it is open to the petitioner to apply for permission to lead secondary evidence, like a certified copy issued by the Sub-Registrar of Assurances. The trial Court committed no error in rejecting the application for a direction to the respondent (defendant no.1) for production of the document. Writ petition is rejected summarily. (D.G. KARNIK, J.)