1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 2008 OF 2010 Smt. Vina Ramdas Chaudhary and others ....Petitioners. Versus Sumati Consultancy and Management Services and others ....Respondents. Shri. S.P. Deshmukh, Advocate for the petitioners. CORAM : R.M. BORDE, J. DATE : 26th March, 2010 PER COURT : 1. The complaint made by the petitioners in this petition is in respect of the order passed by the Trial Judge on 31.12.2009 below Exh. 218 in Special Civil Suit No. 15/1980. 2. So far as the admissibility or the effect of the evidence of plaintiff No. 7 is concerned, according to the petitioners, the Court has already ruled in that regard while dealing with the application, Exh. 194 and the Trial Court has already directed that the evidence led by the said witness shall be discarded and shall not be taken into account. It further appears 2 that the same plaintiff has again led evidence which is of similar character. The petitioner as such requested the Court to keep said evidence out of consideration. In view of earlier order passed below Exh. 194, the Trial Court dealing with the objection has observed that the evidence which is placed on record cannot be kept out of consideration at the present stage of proceedings and the evidence led without the foundation in pleadings, will certainly be kept out of consideration. At present stage of the proceedings, the Court has expressed inability to pass any order and as such, the application is disposed of. 3. While passing the order, the Court has failed to make reference to the earlier order passed below Exh. 194 and the effect of such order. It would be the responsibility of the Trial Court to take into account the order passed earlier below Exh. 194 while dealing with the evidence of plaintiff No. 7 and rendering decision on the merits of the matter. With these observations, no interference is called for in exercise of powers of this Court under Article 227 of the Constitution of India. Petition stands rejected. [ R.M. BORDE, J. ] ssc/wp2008.10