NANDKISHOR RADHAKISAN AGRAWAL Vs. PUSHPABAI

JUDGEMENT

(1.) Heard finally with the consent of the parties.

(2.) This civil revision pertains to an application for calling the records which came to be rejected. The said application was rejected on the ground that the parties can call a particular witness of the department and file a certified copy. Now if the certified copies are filed in the wake of the primary evidence being there, the certified copies may not be admissible in evidence as secondary evidence. Therefore, it will be necessary to call the original records. Since the Plaintiffs' case rests on the documents mentioned, the only objection raised by Shri Bhide, the learned Counsel for the non-applicants, is that this is a bid to thwart and protract as also the present civil proceedings. If that is so, that can be taken care of by giving proper directions. However, plaintiffs appears to be justified in making an application. The application was, therefore, liable to be allowed. The civil revision application is, therefore, allowed. The order rejecting the application Exh. 40 is set aside. Exh. 40 is granted. However, it is directed that the evidence shall be recorded within two months from the date of the receiving of the records in the Court. As soon as the evidence is recorded, the record shall be sent back to the concerned Court. The suit itself shall be expeditiously disposed of. With these directions, the civil revision is disposed of. No order as to costs.