1 THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.2636 OF 2009 Smt. Tarabai w/o Bansilal Ladda, Age: 79 years, Occ: Pensioner, R/o. Kirana Chavadi, Aurangabad. ... Petitioner Versus Suresh s/o Nemichand Ajmera, Age: 52 years, Occ: Pensioner, R/o. Plot No.22, Behind Balaji Apartments, Samarth Nagar, Aurangabad. ...Respondent ... Mr. K.S. Naik, Advocate for the petitioner. Mr. P.F. Patni,, Advocate for respondent. ... CORAM : K.K. TATED, J. DATE : 23rd JULY, 2009. PER COURT : 1. Heard learned Counsel for the petitioner and learned Counsel for the respondent. 2. Rule. Rule made returnable forthwith and heard 2 finally with the consent of both the parties. The petitioner is the original plaintiff and the respondent is the original defendant. 3. By this petition under Article 227 of the Constitution of India, the petitioner is challenging the order dated 20-10-2007 passed by 7th Joint Civil Judge, Junior Division, Aurangabad below Exhibit-15 in Rent Suit No. 42/2004. During the pendency of the suit, the petitioner filed application dated 22-06-2007 for calling Record and Proceedings of R.C.S. No. 1707/2000 pending from the Court of Joint Civil Judge, J.D. Aurangabad and R.C.A. No. 71/2006 from the Court of the District Judge, Aurangabad. The said application came to be dismissed by impugned order dated 20-10-2007, on the ground that it is not necessary to call Record and Proceedings to prove the certified copies of documents from R.C.S. No. 1707/2000 and R.C.A. No. 71/2006. 4. It is the case of the petitioner that thereafter, he filed application dated 11-12-2007 3 being Exhibit-17 for exhibiting the certified copies of documents from R.C.S. No.1707/2000 and R.C.A. No. 71/2006. Said application below Exhibit-17 came to be dismissed by order dated02-01-2009 on the ground that the petitioner failed to prove those certified copies and also same were not referred by the petitioner in his evidence. In view of these facts, the petitioner - original plaintiff filed present Writ Petition under Article 227 of the Constitution of India against the order dated 20-10-2007 below Exhibit-15. 5. As the trial Court rejected the application below Exhibit-15 on the ground that it is not necessary to call original papers to prove the certified copies of the documents filed by the petitioner in Rent Suit No.42/2004, later on, the petitioner's application dated 11-12-2007 for exhibiting those certified copies came to be rejected on the ground that the petitioner failed to prove those documents as required by the Evidence Act. 4 6. Considering this, the order dated 20-10-2007 passed by the 7th Joint Civil Judge, J.D. Aurangabad below Exhibit-15 is set aside and the application filed by the petitioner dated 22-06-2007 below Exhibit-15 is allowed. 7. Rule made absolute in above terms. (K.K. TATED,J.) sut/JUL09/wp2636.09