VINAY KUMAR Vs. UDIT AGRAWAL

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been preferred against the order dtd. 12/4/2023 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 Sec. 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.

(2.) 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.