1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5458 OF 2009 (Sunil Bhaurao Asole vs. Gulabrao Vitthalrao Taide & Anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. MARCH 17, 2010. Heard Shri Nemade, learned counsel for the petitioner and Shri Narwade, learned counsel for the respondents. Shri Nemade, learned counsel contends that the petitioner – plaintiff has referred to suit notice in his examination-in-chief on affidavit and also during his oral evidence on 11.09.2009. He states that the trial Court has not recorded the relevant part and hence that notice has not been exhibited. According to him, the finding in impugned order that there is nothing in oral evidence of plaintiff regarding document in question is incorrect. Shri Narwade, learned counsel points out that on 11.09.2009 as per records, case was for cross examination of plaintiff and there is no examination in chief on 11.09.2009. It is apparent that if the petitioner – plaintiff has deposed about suit notice either in his examination in chief or then on the date of cross examination and trial Court has not recorded it, the petitioner – plaintiff 2 has to move appropriate application before the trial Court for said purpose. In any case the petitioner – plaintiff can examine other witnesses to get the suit notice exhibited. In view of this position, as the petitioner – plaintiff has to take appropriate steps in the matter, I am not inclined to interfere with the impugned order at this stage. Writ Petition is, therefore, disposed of. JUDGE *GS.