1 WP7395-11 jpc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7395 OF 2011 Rajaram Hariba Yadav and others ... Petitioners Versus Dashrath Hariba Patil and others ... Respondents Ms. Dipti Pawar a/w Mr. S.S. Patwardhan for the petitioners CORAM : R. Y. GANOO, J. DATED : 22nd September, 2011 P.C. 1. Original Defendant no.1 has filed this petition so as to challenge the order dated 16th June, 2010 passed by the learned Civil Judge, Junior Division, Jath, Dist. Sangli, below Application Exh.97. By the said application, the petitioners wanted to seek permission of the Court to lead secondary evidence in regard to the deed of partition. That application has been rejected by the learned Civil Judge, Junior Division, by passing a speaking order. 2. I have heard the learned advocates Ms. Dipti Pawar a/w Mr. S.S. Patwardhan for the petitioners. She submits that the learned trial Judge rejected the application without appreciating the fact that the document 2 WP7395-11 was lost or it was with the other side. 3. I have perused the application as well as the impugned order. If petitioners wanted to lead secondary evidence, they should have disclosed the correct status of the document firmly, whether it was lost or whether it was with the other side. The petitioners should have been firm about it. The stand taken by the petitioners that the document is either lost or it is with the other side is not a ground to accept that the document can be taken up as and by way of secondary evidence. The view taken by the learned Judge is right. No interference is required in the impugned order. Hence the petition is dismissed at the admission stage. 4. There shall be no order as to costs. (R. Y. GANOO, J.)