1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5809 /2010 (Sau. Deepa G.Taori and others vs. Asst .Charity Commissioner and another ) 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. DATED : 3 rd DECEMBER, 2010. Heard Mr J B Kidilay, learned counsel for petitioners; Advocate Deo with Advocate Lokhande for respondent no.2 and Mr Sonare, learned AGP for respondent no.1. The proceedings before the Assistant Charity Commissioner are reopened after remand by the Appellate Court; in earlier round some documents were exhibited and at that time the petitioners were not before the Assistant Charity Commissioner. After remand, the petitioners sought to de-exhibit those documents by moving an application at Exh.67. According to Mr. Kidilay as documents not otherwise admissible have been exhibited when petitioners were not parties, in absence of an order de- exhibiting those documents, serious prejudice is caused to the petitioners and their right to cross-examine is materially affected. He placed reliance upon observations made in paragraph 61 of the judgment of the Hon'ble Full Bench reported in 2008 (6) Mh.L.J. 886 in the case of Hemendra Ghia vs. Subodh Mody. Advocate Deo as also learned AGP are 2 supporting the impugned order. Perusal of the impugned order shows that the trial Court has found the purpose of exhibition only was to mark documents for identification. The trial Court has not said that documents are proved and will be read in evidence as proved documents. It is open for the petitioners to take appropriate objection available to them in law and to show that documents are either not admissible or are not relevant or then are not proved at all. Said right of petitioners is not lost. Whatever has transpired before the Assistant Charity Commissioner when petitioners were not a party cannot be wiped out by allowing such application. I do not find that any prejudice is caused in the matter. Writ Petition is, therefore, rejected. No costs. JUDGE sahare.