1 WP No.5336/10 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.5336 of 2010 Sangita Sunil Danane ... Petitioner versus Swapnil Satish Bhosale & ors. ... Respondents ... Ms.A.R.S.Baxi for the petitioner. Mr.Sunil K. Chinchilkar for the respondent. CORAM : D.G. KARNIK, J. DATED : 2nd August 2010 P.C. 1. Heard. 2. By this petition, petitioner challenges the order dated 8 March 2010 passed by the Civil Judge, Jr.Division, Miraj rejecting the petitioner’s application for permission to adduce secondary evidence. 3. Petitioner is a defendant in the suit. He produced documents which appear to be the photo copies of the rent receipts issued by Jayashree Bhosale. In the application, he sated that receipts were collected back by Jayashree from the defendant and therefore, petitioner be allowed to adduce secondary evidence. The suit has been 2 WP No.5336/10 filed by heirs of Jayashree. In the notice issued under clause (a) of section 65 of the Evidence Act, petitioner has alleged that the original receipts were collected by the respondents i.e. heirs of Jayashree. Thus, there is an inconsistency in the pleadings and notice. While in the pleadings it is alleged that receipts were collected by Jayashree, in the notice it is alleged that receipts were collected by present respondents. In view of the inconsistency, it cannot be said that petitioner had proved that original rent receipts were in possession of a party to the suit or any person mentioned under clause (a) of section 65 of the Evidence Act. There is no merit in the writ petition which is hereby rejected. (D.G. KARNIK,J.)