1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 4169 OF 2010. Express Modern Engineers and another. -: VERSUS :- Sudarshan Cotton Industries Pvt. Ltd. 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 : OCTOBER 11, 2010. Heard Shri A.S. Chandurkar, learned Counsel for petitioner and Shri M.P. Dhruv, learned Counsel for respondent. Rule made returnable forthwith. Heard finally by consent of parties. After hearing the parties, I am satisfied that as the procedure prescribed by the Division bench in the judgment reported at 2005 [5] BCR 30 (Indrakant Kishordas Shah .vrs. Kesharinath D. Mhatre) has not been followed, complications arose. Shri Chandurkar, learned Counsel wants to show to this Court that in various affidavits of examination-in-chief 2 filed by the respondent/plaintiff or his witness and one witness for defendant, the contents of the document are not spoken of and are not shown to be true and correct. Shri Dhruv, learned Counsel wants to refer to those affidavits to show that all such documents are proved to be true and correct, and he also states that the notice to produce documents was also issued. I find that after the evidence was closed by respondent, the application for exhibiting the document came to be filed and by the impugned order dated 14.06.2010, the application has been allowed. The effort being made before this Court ought to have been made before the trial Court and its attention should have been invited to the documents, contents of which are not proved. As this has not been done, I find the impugned order dated 14.06.2010 unsustainable. The said order is therefore quashed and set aside. Application Exh.78 is restored back to the file of 3rd Joint Civil Judge, Senior Division, Wardha to take fresh decision in it, in accordance with the law. Only those documents of which the contents are proved or then are admitted or deemed to have been admitted shall be exhibited after hearing the respective counsel. 3 The suit is of the year 2001 and hence trial Court shall try to pass fresh orders as early as possible and in any case by 30.11.2010. Writ Petition is partly allowed. Rule is made absolute in the aforesaid terms with no orders as to costs. JUDGE Rgd.