1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 148 OF 2010 Subhash s/o Kishanrao Thombre, Age 56 yrs., Occu. Agri., R/o. Undari, Tq. Kaij, Dist. Beed. ....Petitioner. Versus Maroti s/o Waman Gadhe, Age 60 yrs., Occu. Agri., R/o. Undari, Tq. Kaij, Dist. Beed ....Respondent. Shri. K.K. Kulkarni, Advocate for the petitioner. CORAM : R.M. BORDE, J. DATE : 5th April, 2010 ORAL JUDGMENT : 1. Heard counsel appearing for the petitioner. None appears for respondents though served. 2. Rule. The matter is taken up for final disposal at the stage of admission. 3. The plaintiff/petitioner presented a suit being Special Civil Suit No. 43/1991 which is renumbered as Regular Civil Suit No. 33/2001, 2 claiming a decree of specific performance of agreement and perpetual injunction against the respondent/defendant. It is stated that the suit is at the stage of recording of evidence. In the pending suit, the plaintiff presented an application requesting the Court to call for the original file of Regular Civil Suit No. 129/1991 which is decided and matter is in a pending appeal being Regular Civil Appeal No. 39/2005 before the 3rd Ad-hoc Additional District Judge, Ambajogai. The plaintiff intends to prove the document namely Isarpavati, receipt and certain documents which are placed on record in R.C.S. No. 129/1991. The request is made to call for the papers before the commencement of examination-in-chief of plaintiff, so that it would facilitate the plaintiff to prove the original documents, which are placed on record in Regular Civil Suit No. 129/1991 and copies thereof are filed in instant suit. The Trial Court, however, has rejected the application in view of order dated 5.4.2008. 4. The Trial Judge ought not have turned down the request made by the plaintiff for the reason that, in order to meet the ends of justice, it is necessary to permit the plaintiff to refer the original documents which are placed on record in Regular Civil Suit No. 129/1991. Original record of suit is stated to have been transferred to the Court of 3rd Ad-hoc Additional District Judge, Ambajogai for consideration of Regular Civil Appeal No. 39/05. There is infact no reason to turn down the request made by the plaintiff. The plaintiff has adopted proper procedure for proving the documents which is his responsibility. 3 5. For the reasons recorded above, therefore, the petition deserves to be allowed and the same is accordingly allowed. The order passed by the 2nd Joint Civil Judge, Junior Division in Regular Civil Suit No. 33/2001 is quashed and set aside. The application tendered by the plaintiff/petitioner at Exh. 136 shall be treated to have been allowed. Rule is accordingly made absolute. No costs. [ R.M. BORDE, J. ] ssc/wp148.10