1 wp 7497.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7497 OF 2011 Asha Ramesh Mahajan .. Petitioner Versus Sulochana Prakash Karnawat .. Respondent Shri V. B. Patil, Advocate for the Petitioner. CORAM : S. V. GANGAPURWALA, J. DATE : 29TH SEPTEMBER, 2011. PER COURT : . The petitioner assails the order passed by the Trial Court allowing the application filed by the present respondent Exhibit 56 for exhibiting the documents. 2. Shri Patil, the learned counsel for the petitioner submits that the said documents are exhibited in view of the provisions of Order 13 of the Code of Civil Procedure and they are not proved as is required, as no evidence as per Order 18 Rule 4 of the Code of Civil Procedure has been led. The learned counsel further contends that necessary ingredients for proving the documents 2 wp 7497.11 are also absent. The documents are not proved and as such they could not have been exhibited. The Trial Court has wrongly observed that the said documents are proved. 3. The examination in chief is led by affidavit. The Full Bench of this Court in a case of Hemendra Vs. Subodh reported in 2008 (6) B. C. R. 519 has held that it is the discretion of the Court and the evidence can be led by affidavit and the Court U/O 13 can exhibit the documents on the basis of evidence led. 4. The Court has observed that the said documents are proved and exhibited the documents. The Court has not given a final dictum about the genuineness of the documents. The petitioner has right to disprove the said documents. 5. In view of above no error is committed by the Trial Court in passing the impugned order. The writ petition as such is dismissed, however, with no order as to costs. [ S. V. GANGAPURWALA, J. ] bsb/Sept. 11