SHETHNA, J. - (1.) LEARNED counsel Mr. Maheshwari for the petitioners vehemently submitted that the impugned order dated 28. 7. 1999 passed by the learned Addl. District Judge No. 1, Bhilwara is illegal and without jurisdiction, therefore, it may be set aside. He submitted that when the original documents were available, then photostat copies of the same cannot be produced by the plaintiff as evidence u/s. 65 of the Indian Evidence Act.
(2.) BEFORE appreciating this submission of Mr. Maheshwari, the important facts which are required to be borne in mind are as under:- 1. That this is the oldest case pending before the trial Court. 2.So far, out of 34 witnesses, only 3 witnesses have been examined and 31 more witnesses are to be examined in case No. 7/97 pending in the Court of Addl. Chief Judicial Magistrate, SPE Cases, Jaipur. 3,original documents have been seized by C. B. I. , SPE Division, Department of Personnel and Training, Ministry of Home Affairs. 4,.Request was already made to the Court of Addl. Chief Judicial Magistrate, SPE Cases, Jaipur to send the documents but the same was not accepted on the ground that against the framing of the charge, revision petition was filed in which the record was to be sent. Under the circumstances, inspite of the best efforts of the plaintiff bank, if it is not able to obtain the original documents, then there was nothing wrong on the part of the learned Trial Judge in allowing the plaintiff Bank to produce the photostat copies of the documents u/s. 65 of the Indian Evidence Act. From the first part of the order, it is clear that while giving permission to lead the photostat copies of the documents as secondary evidence, the learned Judge has also call for the same documents from the Court of Addl. Chief Judicial Magistrate, SPE Cases, Jaipur. Thus, it is clear that the petitioners are adopting only delay tactics in deciding the suit filed by the plaintiff Bank and the Court cannot be a party to it by entertaining such revision petition against such interlocutory orders. In view of the above discussion, this petition fails and is dismissed. 6. Stay petition is also dismissed. .;