IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2076 of 2006 JAGDISH PRASAD YADAV & ORS Versus JETHU YADAV & ORS ----------- 07/ 12.05.2009 Heard both the sides. The petitioners are the defendants in Title Suit No.415 of 1993 and they appear having presented a document in a sealed box for admitting the same in their evidence. When the box was opened it was found that they were photo copy forms of the documents along with the prescribed list of document and they have been placed on the record of the suit. The Court refused admitting the document in evidence, in my opinion, rightly because those were photostat forms of the originals, but it is not denied that the original of those documents were produced before the court and the court below wanted to make an order because one of the petitioners who appeared to him on a particular day, did not appear before the court below accompanied by an Advocate of his choice. It might have upset the learned Judge and that could be probably a reason for rejecting the evidence and refusing to admit - 2 - them as evidence on behalf of the petitioners. I may point out to the court below that a man could be having several reasons for not being accompanied by an Advocate. A person could be himself appearing in court and could be making proper pairvi in his case himself. Law does not lay down any prohibition or any rule in that behalf rather it is permissible to do it. It is not known also for what reasons the originals of the documents could not be produced before the court and instead photo copy forms of those documents could be filed. While admitting in evidence any document, the court has the power for seeking the production of the original and those were produced at the asking of the court. Section 165 of the Evidence Act and some part of the C.P.C. also empower the court to admit any evidence; either oral or documentary, if the court feels it necessary for the just decision of the case. Just decision could be by granting proper relief or by refusing the same as well. The court below is directed to admit those documents which appear relevant to the issue without delay. - 3 - This revision petition is allowed in the above terms. If the plaintiff wants to adduce any evidence in rebuttal context to those documents, he shall be free to do the same. DKS/ (Dharnidhar Jha, J.)