wp4242.11 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ WRIT PETITION NO. 4242 OF 2011 LALCHAND BHAVARLAL JAIN VERSUS JUGALKISHOR BADRINARAYAN CHITLANGE ... Advocate for Petitioner :Mr.Chaudhari S.U. AND WRIT PETITION NO.4253 OF 2011 GANESH SHANKAR PATEL AND ANR VERSUS JUGALKISHOR BADRINARAYAN CHITLANGE ... Advocate for Petitioners : Chaudhari S.U. ... CORAM : S.S. SHINDE, J. Dated: November 25, 2011 ... The learned Counsel for the petitioners submits that by way of filing application under Order 11, Rule 15 of the Code of Civil Procedure, the petitioners herein prayed for inspection of the account books maintained by the plaintiff before cross-examination of the plaintiff is taken. The learned Counsel wp4242.11 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ for the petitioners submits that if the trial Court was of the opinion that the petitioners can inspect / see the original account books brought by the plaintiff in the Court hall itself, the application filed by the petitioners should not have been rejected. The petitioners are ready to take inspection of those original account books in the Court hall itself, if opportunity is given by the trial Court. The learned Counsel for the petitioners further submits that from 18th November, 2010 till the date, the trial has not progressed and the stage which was available on 18th November, 2010 i.e. cross- examination of the plaintiff, is not yet over and, therefore, the petitioners in respective writ petitions may be given opportunity to inspect the original account books in the court hall before cross-examination of the plaintiff. 2 Upon perusal of the impugned order, it is seen that the trial Court itself observed wp4242.11 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ that the account books can be inspected before the Court. Therefore, in order to give fair opportunity to the petitioners, the concerned Court should have specified time in the Court itself for inspection of documents. If the Court was of the opinion that the account books can be inspected, in that case, the petitioners should have been told to inspect such account books in the court or else where. Rejection of such prayer by the trial Court has given rise to these petitions. 3 Upon hearing the learned Counsel for the petitioners, and on the statement of the petitioners that yet cross-examination of the plaintiff is to begin, the following order is passed: The petitioners in both the writ petitions should be allowed to inspect the account books brought by the plaintiff before cross-examination of wp4242.11 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ the plaintiff in the court hall itself. The trial Court can specify time for such inspection. Writ Petitions are allowed to above extent and stand disposed of. (S.S. SHINDE, J.) PLK/*