( 1 ) THIS civil revision is directed against the order dated 22nd April, 1985, passed by Ms. Aruna Suresh, Commercial Sub-Judge, Delhi dismissing the application, under Order XVIII Rule 17a, Civil Proceedure Code, read with section 151, Civil Procedure Code, for summoning a clerk from the office of the Registrar of Companies, Calcutta to prove the certificate of incorporation of the plaintiff-company, issued by the Registrar of Companies, Calcutta under section 35 of the Companies Act and/or producing a certified copy of the said certificate.

( 2 ) THE facts in brief are that the plaintiff. The Faridabad Spinning and Wollen Mil"ls Pvt. Ltd. filed a suit against the defendant on 30th November, 1983, for recovery of Rs. 24 372. 40 p. A photocopy of the certificate of incorporation was filed along with the plaint. On 22nd April, 1985 when the plaintiff was leading its evidence, it sought to prove this certificate. However, the defendant objected to the admissibility of the document since only a photostat copy had been filed. Consequently, the photostat copy was not marked as an exhibit but was marked a for identification.

( 3 ) IT is averred, that it was due to inadv