1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3929 OF 2008 (Arvind Rambhau Nimje & Anr. vs. Shivshankar Homdeo Borikar) 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. NOVEMBER 11, 2008. Heard Shri Vyawahare, learned counsel for the petitioners and Shri Mishra, learned counsel for the respondent. Shri Mishra, learned counsel for the respondent has filed affidavit, which is taken on record. The challenge to exhibition of document affidavit as Exh. 52 is on the ground that the document has been mechanically accepted though its contents are not proved. Shri Vyawahare, learned counsel states that the petitioners – plaintiffs are denied opportunity to even argue that contents of Exh. 52 are not proved. Shri Mishra, learned counsel states that the document has been marked for identification at Exh. 52 and its contents are already proved on record. He further states that it is open to the 2 petitioners to show that contents of Exh. 52 are not proved on record. In view of this argument and fairness of Shri Mishra, learned counsel, it is apparent that no prejudice is caused to the petitioners and challenge to the order dated 05.08.2008 passed in examination-in-chief of present respondent is, therefore, to that extent misconceived. The other challenge in writ petition is to refusal of trial Court to exhibit certified copy of plaint in Regular Civil Suit No. 533 of 1995 filed earlier by present respondent. It is obvious that the present petitioners/ plaintiffs have filed that certified copy with a view to contradict the respondent and the said exercise could not have been undertaken in the absence of original plaint and pointing out his original signatures upon it to present respondent. The trial Court has, therefore, correctly refused to exhibit the certified copy. It is open to the present petitioners to summon the original plaint from the record of RCS No. 533 of 1995 and to show it to present respondent while conducting their further cross examination. After the plaint is properly proved, the trial Court can consider whether the certified copy of 3 that plaint filed before it needs to be exhibited or not. In view of this, no orders are required to be passed in this writ petition. Writ Petition is dismissed. However, there shall be no order as to costs. Certified copy expedited. JUDGE *GS.