S.B. CIVIL WRIT PETITION NO.6340/2009 Suresh Daga Vs. Addl. Civil Judge & Judicial Magistrate No.8, Jodhpur & Ors. Date of Order :: 22.07.2010 HON'BLE MR. JUSTICE GOVIND MATHUR Mr. O.P. Mehta, for the petitioner. Mr. Jitendra Chopra, for the respondent No.2 Mr. S.G. Ojha, for the respondent No.4. ... By this petition for writ, a challenge is given to the order dated 6.4.2009 passed by the learned Addl. Civil Judge & Judicial Magistrate No.8, Jodhpur. By the order aforesaid, the court has rejected the application preferred by the plaintiff-petitioner under Section 65 of the Indian Evidence Act. The contention advanced is that, the trial court erred while rejecting the application without considering the fact that the original document was lost quite earlier and the exact date of such rejection by no stretch of imagination could have been available with the plaintiff. It is pointed out by the learned counsel for the defendant-respondents that as a matter of fact, after providing several opportunities to the plaintiff-petitioner, his evidence has already been closed by the trial court and the defendant does not want to produce any evidence, as such, the matter is fixed tomorrow for pronouncement of judgment. In view of the factual position pointed out by the learned counsel for the respondents, I do not consider it appropriate to interfere with the order impugned at this stage, as such, the petition for writ is dismissed. It shall be open for the plaintiff- petitioner to set forth as a ground of objection in appeal, if filed in the event the suit stands decreed against him. (GOVIND MATHUR), J. Sanjay/-