Chanchal d/o Manakchand Sharma v. Gangaram Dajiba Nagare
2014-06-27
A.P.BHANGALE
body2014
DigiLaw.ai
Oral Judgment 1. Rule. Heard forthwith by consent of parties. 3. Petitioners (original plaintiffs) made application for permission to file certified copies of certain documents. Learned trial Judge rejected the said application on the ground that the documents cannot be read evidence in view of Section 79 of the Evidence Act. 4. Learned trial Judge should have appreciated that production of documents on record and allowing them to be exhibited are distinct from each other. Learned trial Judge may not give evidentiary value to those documents or allow them to be exhibited. However, production of documents on record cannot be refused. 5. Hence, impugned order is quashed and set aside. Learned trial Court shall allow production of documents enlisted with application (exhibit 315) and may consider the question of exhibiting those documents in evidence separately. Rule is made absolute in the above with no order as to costs.