19.07wp.3380.11.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 3380 /2011 (Praful Manohar Muneshwar vs. Smt. Rukhmabai Bhagat and another ) ............................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ............................................................................................................................................................... CORAM : R.M.SAVANT, J. DATED : 19th July, 2011. Heard Mr Anand Deshpande, learned counsel for the petitioner. The above petition takes exception to the order dated 16.4.2011 passed by learned Civil Judge, Junior Division, Amravati by which order, the application filed by the petitioner for producing the xerox copy of the agreement for sale in question through one Bharat Kamble came to be rejected. It is required to be noted that the earlier application for getting the said document produced through Gajanan Bukkawar who has executed the same in favour of the respondents was allowed, but the said Gajanan Bukkawar had filed a Pursis wherein he has stated that the said document was torn away by him, thereafter, the instant application to get the said document produced through Shri Bharat Kamble who according to the petitioner, is said to have a xerox copy, came to be filed. The trial Court has rejected the application on the ground that there are no pleadings in that regard in the plaint and that the plaintiff cannot be permitted to cross-examine the witness of the defendant where there are no pleadings. In my view, the reasons mentioned by the trial Court in the impugned order for rejecting the said application cannot be found fault with. 19.07wp.3380.11.odt 2 No case for interference is, therefore, made out. Writ Petition is accordingly dismissed. JUDGE sahare