1. Heard Shri A.D. Bhobe, learned Advocate for the petitioner and Shri P. Kholkar, learned Advocate for the respondents.

2. Rule. Shri P. Kholkar, learned Advocate waives service on behalf of the Respondents.

3. This petition takes exception to the order dated 18/03/2017 pursuant to which the learned trial Court dismissed the application of the petitioner seeking leave to produce secondary evidence of a notarized copy of the statement of accounts.

4. Heard Shri A.D. Bhobe, learned Advocate for the petitioner who invited attention to the statement of accounts and submitted that an endorsement was made by Savio, since deceased, predecessor of the respondents at the foot of the statement in the course of his business transaction with the petitioner. The petitioner had filed an application to produce secondary evidence and in which a clear assertion was made that the notarized copy of the statement of accounts was produced on record alongwith the plaint. The respondents had objected to the application on the premise that in the absence of such a document, it could not take a plea of leading secondary evidence and besides the statement that the original statement of accounts appe