PRAVEEN MALPANI Vs. VIJAY ELECTRICALS

JUDGEMENT

(1.) With the consent of parties, the petition is finally heard.

(2.) This petition is under Article 227 of the Constitution of India questioning the legality, validity and propriety of order dtd. 11/11/2021 (Annexure P/1) whereby the trial Court rejected the application filed by the petitioner under Sec. 151 of the Code of Civil Procedure for calling the record of the case decided by Judicial Magistrate, First Class, Jabalpur saying that the documents which have been referred in the application can be produced by the plaintiff by getting certified copies of the documents.

(3.) Learned counsel for the petitioner submits that the trial Court has not considered the legal position that certified copies of the private documents are only secondary evidence and without calling the original, the same cannot be considered to be a proved document. He further submits that by calling the record of the trial Court containing the original documents which are required to be proved, no prejudice would have caused to the Court or to the party and as such, according to him, the order rejecting application is contrary to law. He relies upon various judgments reported in AIR 2014 Orissa 128, parties being Smt. Baijayanti Nanda Vs. Jagannath Mahaprabhu Marfat Adhikari Mahanta Bansidhar Das Goswami and others, 2011(4) M.P.L.J. 140- Haseena Bi Vs. State of M.P., 2011(3) M.P.L.J. 588- Mamta Awasthy and others Vs. Ajay Kumar Shrivastava, 2021 4 SCC 786-Deccan Paper Mills Company Limited Vs. Regency Mahavir Properties and Others, AIR 2013 SC 613- V.K. Sasikala Vs. State and submits that the order passed by the trial Court, rejecting the application is not sustainable and, it is liable to be set aside and the application filed by the petitioner/plaintiff under Sec. 151 of CPC be allowed and record of the trial Court be called.