1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6383 OF 2009 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Rajesh Datar for the petitioner. Mr. R.V. Paranjpe for the respondent. CORAM : D.G. KARNIK, J. DATE : 24TH JUNE 2010 P.C. : 1. Heard. 2. By this petition, the petitioner challenges the order dated 20 June 2009 rejecting the petitioner’s application for exhibiting the documents. 3. The petitioner is the original plaintiff. According to the petitioner, it filed the original documents in the Court some time after the 2 institution of the suit. However, it withdrew the said documents by substituting copies on the ground that the original documents were needed by it. Thereafter the evidence in the suit was recorded. The petitioner did not produce the original documents in the Court at the time when the evidence was recorded, but after the evidence was recorded by an application he sought to tender the original documents and prayed that the documents be exhibited in evidence. The application was rejected. That order is impugned in this petition. 4. I have perused the application. I have also heard the counsel for the petitioner. From the tenor of the application as well as from the arguments, it appears what the plaintiff wanted was not only to mark the documents as exhibits in the suit for the purpose of identification but wanted to mark them as exhibits as proved and to be read in evidence. It may be noted that the 3 original documents were not proved during the course of the evidence. As such they could not be marked as exhibits merely on the ground that they were earlier produced. Since the documents were not proved, the learned Judge was right in not exhibiting them as proved. There is no merit in the writ petition which is hereby rejected. (D.G. KARNIK, J.)