ORAL JUDGMENT

1. Leave to delete respondent No.3 (A).

2. Rule.

Mr.Jigar Raval, learned advocate for respondent No.2 appears and waives service of notice of rule on behalf of respondent No.2. Rest of the respondents are not required to be served the service of notice of rule.

3. By filing instant petition under Article 227 of the Constitution of India, the petitioners seek to challenge the order dated 09.12.2004 recorded in Small Civil Suit No. 498 of 1988 by the learned Judge, Small Causes Court, Surat, by which the prayer made by the petitioners to exhibit original rent note executed by deceased Dayalbhai Saujibhai Patel with regard to the suit property produced at marked 113/1 during the Examination-in-Chief of the petitioner No. 1-B at Exhibit - 144 has been refused. It is therefore, prayed to exhibit the said document.

4. The predecessor in title of the petitioners and respondents Nos. 3-A to 3-D preferred a Small Civil Suit No. 498 of 1988, against respondent Nos. 1 and 2 in respect of the premises bearing house No. 1964, Ward No.5, situated at Haripura, Gheekanta Road, Surat seeking possession of the suit premises on the ground of permanent alteration and also on the ground of sub