With the consent of parties, the petition is finally

heard.

2.

This petition is under Article 227 of the

Constitution of India questioning the legality, validity and

propriety of order dated 11.11.2021 (Annexure P/1) whereby

the trial Court rejected the application filed by the petitioner

under Section 151 of the Code of Civil Procedure for calling

the record of the case decided by Judicial Magistrate, First

Class, Jabalpur saying that the documents which have been

referred in the application can be produced by the plaintiff by

3

getting certified copies of the documents.

3.

Learned counsel for the petitioner submits that the

trial Court has not considered the legal position that certified

copies of the private documents are only secondary evidence

and without calling the original, the same cannot be considered

to be a proved document. He further submits that by calling the

record of the trial Court containing the original documents

which are required to be proved, no prejudice would have

caused to the Court or to the party and as such, according to

him, the order rejecting application is contrary to law. He relies

upon various judgments reported in AIR 2014 Orissa 128,

parties being