LUIS LAWRENCE FERNANDES Vs. PRABHAKAR SAKHARAM VAIGANKAR

JUDGEMENT

(1.) HEARD learned advocates for the parties. Rule. Rule returnable forthwith. Learned counsel for the respondents waives service.

(2.) THE petitioner has filed the Regular Civil Suit No.14/95 in the Court of the Civil Judge, Junior Division at Pernem and in the said suit he filed an application for seeking permission to produce certain documents on record on 24th July, 2001, being Civil Miscellaneous Application No.126/2001. After hearing both the sides, the learned Civil Judge, Junior Division, Pernem, by his Order dated 8th August, 2001, rejected the application. Hence the present petition.

(3.) THE learned counsel for the petitioner has argued that when the suit was filed, these documents were not available. The deposition of the defendant no.1 and that of the witnesses of the defendants were recorded before the Mamlatdar in the year 1999. There are certain admissions given by the witnesses of the defendants in the said depositions and, therefore, the plaintiff wants to bring those documents on record. At this stage, the plaintiff is seeking only production of the documents and if and when the occasion arises the plaintiff will take the necessary steps to see that the documents are admitted in evidence as per the provisions of the Indian Evidence Act, 1872. But to avoid any inconvenience to all concerned, the documents are being produced in advance.