JUDGMENT - R.A. JAHAGIRDAR, J.:---Normally I would have discharged the rule in this petition on the threshold itself because it challenges an interlocutory order passed by the Additional Chief Judge of Small Causes Court at Bombay disallowing the exhibition of a sale-deed on which the petitioner wanted to rely. Since, however, the petition has been admitted and rule granted on the same and since argument have been advanced before me on the interpretation of a judgment of this Court I have proceeded to hear and dispose of this petition on merits.

2. Before the learned Additional Chief Judge of the Small Causes Court reliance had been placed by the petitioner on a sale-deed but the executant of the sale-deed was not examined. The proof of the signature of the executant, however, was offered but that itself could not prove the contents of the sale-deed or the truth of the contents of the sale-deed. On this ground the learned Judge refused to exhibit the sale-deed. While so doing he relied upon a judgment of Division Bench of this Court "In the matter of (Mr. D and Mr. S)1, 68 Bom.L.R. 228 in which it was held :

"......To conclude this part of the discussion we hold, in the first place,

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