RAVI R. TRIPATHI, J. ( 1 ) ). THE present First Appeal is filed being aggrieved by the judgement and order dated 7/09/1994 passed by the learned Civil Judge (S. D.), Jamnagar, in Special Civil Suit No. 17 of 1990, dismissing the suit preferred by the appellant-plaintiff only on the ground that though documents produced on record are admitted by the parties and, are, accordingly, exhibited, the same cannot be considered and relied upon for adjudicating the matter and pronouncing the judgement because they are the xerox copies. ( 2 ) ). MR. N. M. AMIN, learned Advocate for the appellant, invited the attention of the Court to paragraphs 11, 14 and 15 of the judgement. The learned Judge has observed as under in paragraph 14 :". . . . . . . . . I have gone through the records and proceedings of the entire case and the xerox copies of the documents produced and proved by the parties, but according to me, these are against the provisions of the Indian Evidence Act. The Evidence Act which is binding and conclusive on the Civil Judge, (S. D.) specifically provides that all documents should be proved by primary evidence which has been defined in this case and certainly primary evidence means the original documents of the parties executed between them. . . . . . . . . . Xerox copies when duly certified true copies are the secondary evidence, but here the xerox copies are not certified true copies and though they are given exhibits, but then, that was the decision of the parties and the Court should not prevent them from doing what they wish. In a civil suit, the plaintiff and the defendant are required to fight their cause as per their advocates legal advise and in their best interest. Court has not to inform any party, the plaintiff or the defendant, at any stage that you are not conducting your case or cause as per the provisions of the Evidence Act. Because in that case, the allegations can be made by the other side when the Court is guiding one party to the disadvantage of the other. "the discussion shows that the learned Judge has misguided himself. Because in that case, the allegations can be made by the other side when the Court is guiding one party to the disadvantage of the other. "the discussion shows that the learned Judge has misguided himself. Having observed and noted that the documents are produced and proved by the parties, the learned Judge ought to have proceeded further to decide the matter rather than confusing himself on the issue as to whether the documents produced are the xerox copies or are certified to be the true copies or are the originals. The procedure in this regard is very clear. When a document is produced, the other side is confronted with that document; and, the other side either admits the document or allows the said document to be exhibited subject to proving the contents thereof. Once the document is admitted, it is exhibited. To be more precise, if a document is exhibited with the consent of the parties, the Court has to proceed further. ( 3 ) ). IT is for the party to decide as to whether he would like to allow a particular document to be exhibited or not. Once a document is exhibited, the learned Judge is to appreciate the contents of that document. The learned Judge had no reason to take any objection and to hold that he will not take into consideration duly exhibited documents only because the said documents are the xerox copies. ( 4 ) ). IN view of the aforesaid discussion, without going into any other aspect of the matter, this First Appeal is allowed. The matter is remanded back to the trial Court. Mr. N. M. Amin, learned Advocate for the appellant, states that recording of evidence is over and the matter is at the arguments stage. He, therefore, requested that the suit be directed to be decided by the trial Court in a time bound frame. Taking into consideration that the suit is of the year 1990, recording of evidence is over and it is at the stage of arguments, the trial Court is directed to hear and dispose of the suit as expeditiously as possible, but not later than 31st January, 2003. .