9911796707
TMI Blog1991 (1) TMI 346X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioners. The short question involved in the present appeal is whether the respondents in this appeal are entitled to photo copies of documents which have already been inspected by them. We have been taken through the orders passed by the learned company judge on various applications and it is not necessary for us to refer to all of them, but, it is important to mention here that the learned company judge allowed inspection of the documents and in fact the documents mentioned in the application have already been inspected. The question of supply of copies arose at the stage of evidence while recording the statement of petitioner No. 2, Mr. Shankarlal Bagri and, at that stage, photo copies of folios of various books of account were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nation is yet to begin. As per the statement of learned counsel for the respondent, some more witnesses are to be examined and, for proving certain facts from the books of account, questions have to be put to all the witnesses regarding allegations made in the main petition. It is for the respondent to substantiate the allegations by placing on record necessary evidence in the form of documents and proving the same. It is stated that only relevant entries would be put in evidence which have a bearing on the averments made in the main petition. But then, it does not mean that, for preparation of the whole matter, the respondents may be refused copies of books of account, as prayed for by the respondents in the application. Counsel for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of books of account that the matter can be investigated and the parties should, in such a case, be at liberty to look into the books of account and substantiate their case. It is significant to take note of the fact that inspection has already been completed. There could be no valid reason for refusal of the supply of xerox copies. In our opinion, supply of xerox copies would facilitate the trial of the petition. It would be a time-saving device for the court as well as for the lawyers on both the sides. After studying all the documents by supply of xerox copies, evidence can easily be recorded and only relevant questions would be put to the witnesses in view of the fact that the study would be made in advance of all the entries. This court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... istrar and upheld by the learned single judge under the orders in appeal makes no decision affecting the merits of the suit. It does not affect any vital or valuable right of the appellant except the procedural irregularity, if any, of issuing certified copies of documents contained in the summoned record of the suit in which the plaintiff is not a party. Reference may also be made to the Single Bench decision of the Gujarat High Court in Jagatbhai Punjabhai Palkhiwala v. Vikrambhai Punjabhai Palkhiwala, AIR 1985 Guj 112. The documents in that case of which inspection was sought were in the custody of the court. The documents did not become part of the record of the suit; still the learned judge observed that the plaintiff will be takin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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