NAND KISHORE Vs. MAHILA KASTURIDEVI

JUDGEMENT

(1.) THE trial Court had allowed the application filed by the present petitioner. Certain copies of Court Record in another suit were permitted to be placed on record. The petitioner filed an application for examination of the original record. According to him, this is necessary as otherwise it will not be possible to confront the plaintiff with the correctness or otherwiseness of the document. According to him, there may be some dispute as to whether the plaint was signed by the plaintiff or not.

(2.) UNDER the circumstances, it would be just and proper to direct the trial Court to resort to the procedure of admission and denial. The plaintiff be asked to admit or deny the certified copies of records which have been placed on record. In the event of denial by the plaintiff, the petitioner would be at liberty to file a fresh application under Order 13 Rule 10 of the Code of Civil Procedure and the same would be decided afresh in accordance with law. The learned counsel for the petitioner has placed reliance on a decision given by this Court in M/s Mayui Agricultural Industries v. Smt. Shanti Devi Agarwal 1987 MPRCJ 65. However, in view of the direction given above, it is not necessary to go into this question. As indicated above, the trial Court will give an opportunity to the plaintiff to admit or deny the document. In case these documents are admitted, these may be duly exhibited. This revision petition is disposed of accordingly.