1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 1471/2009 (Dileshwar Dongre Vs. Judge, Small Causes Court & anr.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : SMT. VASANTI A. NAIK, J. DATE : JULY 17 , 2009 . Heard Shri Bhamburkar for the petitioner. Perused the impugned order dated 6/10/2008. The counsel for the petitioner has presented an affidavit of the petitioner in the Court today. The same is accepted on record. It is stated in the affidavit that the statement made by the petitioner in the plaint that the petitioner was filing some documents along with the plaint, was incorrect and the petitioner was not desirous of filing any document along with the plaint. On a perusal of the impugned order dated 6/10/2008, it appears that the Small Causes Court, Nagpur, was not justified in rejecting the plaint filed by the petitioner, solely on the ground that it was obligatory on the part of the petitioner to produce the documents to show the relationship of landlord and tenant. Now, since the petitioner has stated on affidavit that the statement made in paragraph 17 of the plaint is incorrect and the petitioner did not desire to file any document at the time 2 of presentation of the plaint, the order of rejection of the plaint cannot be sustained. In the result, the writ petition is allowed. The impugned order passed by the Small Causes Court, Nagpur, on 6/10/2008 rejecting the plaint filed by the petitioner is hereby set aside. The Small Causes Court is directed to register the plaint filed by the petitioner. Order accordingly. No order as to costs. JUDGE RMP