S.P. Deshmukh, J. - (1.) RULE . Rule made returnable forthwith. Heard the learned counsel for appearing parties finally with consent.
(2.) IN present petition, order dated 9th July, 2014, on Exhibit -178 an application of respondent No. 1 - plaintiff in special civil suit No. 106 of 2005 passed by 2nd joint civil judge, senior division, Jalgaon is being assailed by the petitioners -original defendants, predominantly on the ground that exhibition of documents could not have been allowed straight -away while many documents are not admissible in evidence at all for various reasons, and as such, those could not have been exhibited nor their exhibition would have any efficacy. Submissions are being advanced by placing reliance on a ruling by full bench of this court in the case of Mr. Hemendra Rasiklal Ghia v. Subodh Mody reported in : 2008(6) All M.R. 352, elaborately considering the aspects of production of the documents, their admissibility and stages of objection to the same and consideration of said documents. Learned counsel for petitioners submits that perusal of impugned order shows that the considerations which have led to the ruling are not looked into by the trial court and as such the decision as has been rendered has fragile foundation and is not tenable.
(3.) MR . Talhar, learned counsel appearing for respondent No. 1, however, tried to justify the order impugned referring to that it is not a case that the petitioners would have no opportunity at all to deal with the documents sought to be produced. He submits that trial court has for reasons considered that those should be tentatively exhibited keeping the point about admissibility open as also exhibition of the same would be subject to proving of the contents of the documents.;