High CourtsSingle Bench(2023) 05 MP CK 0028

Vinay Kumar vs Udit Agrawal

Madhya Pradesh High Court · Decided on 4 May 2023

HON’BLE JUDGES
Satyendra Kumar Singh, J
RESULT
Disposed Of
CASE NUMBER
Miscellaneous Petition No. 2526 Of 2023

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Judgment

6 paragraphs · 196 words

Satyendra Kumar Singh, J

This petition under Article 227 of the Constitution of India has been preferred against the order dated 12.04.2023 passed by the Court of Fifth Civil Judge, Junior Division, Gwalior in Civil Suit bearing No.1011-A/2021, whereby petitioner's application filed under Order 7 Rule 14 read with Section 151 of CPC was rejected.

During the course of arguments, learned counsel for the petitioner seeks permission to withdraw the petition with a direction to the Trial Court that unless and until original/certified copy of the documents be not produced, the photocopies of the same be not exhibited/admitted in the evidence.

Upon perusal of the record, it is apparent that the documents filed by the respondent are photocopies of the original/certified copy of the documents, which cannot be exhibited/admitted in evidence unless the original of the same be not produced.

As the prayer made by the learned counsel for the petitioner has force, therefore, the same is allowed.

Accordingly, this petition is disposed of with a direction to the Trial Court that unless and until original/certified copy of the documents be not produced, the photocopies of the same be not exhibited / admitted in the evidence.