Prakash Tatia, J. - (1.) AT the request of learned Counsel for the parities, the matter I s heard and decided finally.
(2.) THE plaintiff -non -petitioner No. 2 filed the suit for cancellation of adoption deed dt. 02.02.1988. According to plaintiff -non -petitioner No. 2 the adoption deed dt. 02.02.1988 is forged one and original deed is in possession of the defendant -petitioner. The defendant -petitioner does not want to produce the said original document to avoid his prosecution for fabricating false adoption deed. The defendant -petitioner when asked to produce the original document then he refused and he submitted an application for producing the certified copy of the adoption deed dt. 02.02.1988 when two of the alleged attesting witnesses of adoption deed dt. 02.02.1988 have already been produced by the plaintiff as his witness. The trial Court rejected the defendant -petitioner 's application for allowing petitioner to produce certified copy of the adoption deed dt. 02.02.1988 on the ground original document must have been in possession of the defendant -petitioner himself and, therefore, the defendant -petitioner cannot be permitted to produce the certified copy of the adoption deed dt. 02.02.1988. Learned Counsel for the defendant -petitioner vehemently submitted that the suit has been filed by the plaintiff -non -petitioner for cancellation of adoption deed dt. 02.02.1988 and, therefore, the document dt. 02.02.1988 itself is the foundational document. The original document is not in power and possession of the petitioner -defendant and at the time of plaintiff 's evidence the defendant sought permission of the Court to produce the certified copy of the registered adoption deed dt. 02.02.1988. It is submitted that the trial Court has committed serious error of law by rejecting the said application when the suit is for cancellation of document dt. 02.02.1988 itself.
(3.) LEARNED Counsel for the respondent submitted that the alleged two attesting witnesses shown in the adoption deed dt. 02.02.1988 have already been examined by the plaintiff and the defendant -petitioner deliberately did not want to produce the original document.;