(1.) Rule. Rule made returnable forthwith. By consent of parties, heard finally.
(2.) The learned Counsel appearing on behalf of the respondent waives service for the respondent.
(3.) By way of present application, the applicant has challenged the order dated 28th August, 2006, passed by the Judicial Magistrate (First Class) , Ashti, thereby rejecting the application of the present applicant below Exhibit 41 in s. C. C. No. 560/2003, which was for permission to lead secondary evidence.