1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.7151 OF 2009 Diwan Hayat Singh Adhikari ...Petitioner vs. Mohammed Hasahib Shah ...Respondent Mr.Abhay Patki for the petitioner Mr.R.P.Ojha for the respondent CORAM :A.S.OKA,J. DATE : OCTOBER 6, 2009 P.C. 1 Heard the learned counsel for the parties. It is not in dispute that the documents at serial no.1 to 3 in the list of the documents have been relied upon in evidence of the petitioner. The document at serial no.4 has been probably tendered to make out a case for leading secondary evidence of the documents which are allegedly misplaced. The documents at serial no. 5 to 7 in the list of documents are not original documents. The production of documents at serial no.8 to 12 has already been allowed. The learned counsel for the petitioner states that on the next date, he will seek permission to lead secondary evidence of the originals of the documents at serial no.5 to 7. In view of this statement, this writ petition need not be kept pending. 2 Hence, I pass the following order : 2 i) The order passed below application at Exh.9 on 6 th February 2009 is modified and the petitioner is permitted to produce documents at serial no.1 to 3. ii)If application for seeking permission to adduce secondary evidence of the originals of the documents at serial nos.5 to 7 is made by the petitioner, the trial court will consider the said application on merits. While considering the said application on merits, the trial court will also consider whether the petitioner can be permitted to produce the document at serial no.4. iii)The order dated 3 rd July 2009 passed below Exh.23 is set aside and the trial court will consider the said application afresh along with the application for seeking permission to lead secondary evidence which may be made by the petitioner. iv)All contentions of the parties on merits of the application for seeking permission to lead secondary evidence as well as application at Exh.23 are kept open. v) Writ Petition is disposed of accordingly. JUDGE