R. M. S. Khandeparkar, J. - (1.)Heard the learned Advocates for the parties. Rule. By consent, the rule is made returnable forthwith and heard.
(2.)The petitioner challenges the order dated 16-8-2005 on the ground that the law does not permit de-exhibition of documents once the documents are exhibited in evidence and secondly that no opportunity has been given to the petitioner/plaintiff to prove the documents which were sought to be refused to be admitted.
(3.)Few facts relevant for the decision are that the Civil Suit No.3600 of 2004, filed by the petitioner, was fixed for the plaintiff s evidence on 19-7-2005. On that day, the petitioner sought to lead evidence in the form of affidavit under Order 18, Rule 4 of the Code of Civil Procedure, hereinafter called as "the C.P.C." along with certain documents. The said affidavit along with the documents was taken on record by the trial Court. The affidavit was marked Exhibit-1. The list of the documents annexed to the affidavit was marked as Exhibit-2 and the documents which were annexed to the suit list and bearing serial Nos.1 to 7 were marked as "Exhibits 3 to 9, subject to objection". The Advocate for the respondent/defendant was directed to give his say on the point of admissibility of those documents in evidence. The matter was adjourned to 28-7-2005 and further to 16-8-2005. On 16-8-2005 the petitioner entered the witness box and placed the said affidavit in evidence in lieu of his examination-in-chief. It was in the absence of the respondent and his Advocate. However, after some time, the Advocate for the defendant appeared and he was allowed to cross-examine the plaintiff. On that occasion, the trial Court passed the impugned order which reads thus:
"Heard parties. Read Affidavit submitted in lieu of Examination in chief. Received documents. The objections regarding exhibiting documents with respect to Sr.No.3, 4 and 5 are allowed. Documents shown as Exh.B, C , C1 and list are hereby de-exhibited. The Plaintiff may prove those documents as per law. The objection with respect to document Sr.No.1 is rejected. ...."

Thereafter the cross-examination of the plaintiff concluded on the very day i.e. 16-8-2005. The petitioner, thereafter, filed the present petition.