FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS WP/3877/2010 PITAMBAR DHANRAJ PATIL V/S VIMALBAI DILIP PATIL AND ORS … Shri Mukul S.Kulkarni, Advocate for petitioner … CORAM : P.B.MAJMUDAR,J. Dated : May 5, 2011 ... 1. Present petitioner is the original defendant No.1 in RCS No.67 of 2008 pending before the learned II Joint Civil Judge (Junior Division), Dhule. Said suit is filed by present respondent No.1 (original plaintiff) for partition and separate possession. It seems that in the said suit, the plaintiff, though referred certain documents in the plaint, had not annexed all documents with the plaint. The matter thereafter proceeded further and the learned counsel has submitted that the evidence has also been recorded and the matter is at the stage of arguments of Advocates i.e. at the final stage. 2. It is submitted that at that stage, the plaintiff gave an application contending that even though he had referred certain documents in the plaint, they do not find place on record and therefore, he may be permitted to produce the same on record. The learned trial Judge by the impugned order permitted to produce only the document Annexure "A" on record. FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS (2) WP/3877/2010 3. Defendant No.1 has challenged the said order by this Writ Petition by invoking extra ordinary jurisdiction of this Court under Article 227 of the Constitution of India. In my view, the impugned order, which is inter locutory in nature, is not required to be interfered with and that too when the suit is at the stage of final arguments. However, at the time of arguments, it is always open for the learned counsel to argue all points available to them in law, including the point whether any decree can be passed in favour of the plaintiff, if every relevant document is not annexed with the plaint. All these points are open for consideration by the trial Court after hearing both the sides. Suffice it to say, the suit is for partition and separate possession and need not be delayed any more. In case the suit is decided against the petitioner, it will be open for him to raise all these points by filing an appeal before the lower appellate Court. In this view of the matter, no interference is called for by this Court. 4. In the result, Writ Petition is dismissed. Registry to remit back R & P immediately to the trial Court so that the suit is no more delayed. No order as to costs. (P.B.MAJMUDAR,J.) akl