- (1.) This writ petition has been filed against the order dated 29.11.2017 passed by the learned District Judge, Jhunjhunu whereby, while deciding the application filed by the defendants under Section 151 CPC, it has been held that the witness Naharmal appearing as power of attorney holder for the plaintiff no.2, would be able to get only those documents exhibited which are related to him.
(2.) Assailing the order, it is contended by the learned counsel for the petitioner that it is in contravention of the statutory provisions & deserves to be set aside. Learned counsel for the respondent submitted that the order impugned does not suffer from any illegality.
(3.) Heard the learned counsels and perused the record. Following provisions deal with admissibility of a document in evidence:- Order 18(4)(1) CPC provides as under:- "(1) In every case, the examination-in-chief of a witness shall be on affidavit and copies thereof shall be supplied to the opposite party by the party who calls him for evidence: Provided that where documents are filed and the parties rely upon the documents, the proof and admissibility of such documents which are filed along with affidavit shall be subject to the orders of the Court.";