1. Rule. Respondents waive service. By consent, Rule made returnable forthwith and taken up for hearing and final disposal.

2. It is with great regret that I note that the Trial Courts continue persistently to ignore settled law and binding precedents on the question of leading secondary evidence. For reasons that are entirely unclear, there seems to be an insistence on filing an application for ‘permission’ to lead secondary evidence. This is simply wrong.

3. It is settled law that no such application is at all maintainable or even desirable. In Indian Overseas Bank v. Triokal Textile Industries & Ors., (AIR 2007 Bom 24 : 2006 (6) Bom CR 85)Vazifdar J (as he then was), in the context of a chamber summons for such a leave filed on the Original Side, held that such a chamber summons is not just unnecessary, it is misconceived. He said it was neither necessary nor desirable; it is always open to the party to lead secondary evidence before the Trial Court recording evidence or hearing the matter without having to file such an application. In paragraph 2, he said:

“2. A party desiring to lead secondary evidence must do so before the Judge recording the evidence. It is the Judge