Honble SHETHNA, J.–Learned counsel Mr. Maheshwari for the petitioners vehemently submitted that the impugned order dated 28.7.1999 passed by the learned Addl. District Judge No. 1, Bhilwara is illegal and without jurisdiction, therefore, it may be set aside. He submitted that when the original documents were available, then photostat copies of the same cannot be produced by the plaintiff as evidence u/S. 65 of the Indian Evidence Act.

(2). Before appreciating this submission of Mr. Maheshwari, the important facts which are required to be borne in mind are as under:-

1. That this is the oldest case pending before the trial Court.

2. So far, out of 34 witnesses, only 3 witnesses have been examined and 31 more witnesses are to be examined in case No. 7/97 pending in the Court of Addl. Chief Judicial Magistrate, SPE Cases, Jaipur.

3. The original documents have been seized by C.B.I., SPE Division, Department of Personnel and Training, Ministry of Home Affairs.

4. Request was already made to the Court of Addl. Chief Judicial Magistrate, SPE Cases, Jaipur to send the documents but the same was not accepted on the ground that against the framing of the charge, revision petition was filed in wh

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