ORDER

By this petition preferred under Article 227 for the Constitution of India, the petitioner has challenged the order dated 24.11.2023 passed by the XXIInd District Judge, Indore, whereby the objection preferred by him to the admissibility of a document in the shape of an affidavit produced by respondent No. 1 has been rejected

2. The proceeding are an election petition filed under Section 441 of M.P. Municipal Corporation Act, 1956 read with Municipal Corporation Election Petition Rules, 1963 by respondent No.1. During course of proceedings before the trial Court respondent No.1 filed an affidavit of the petitioner produced by him before the Election Officer which was marked as Exhibit P/5. Thereafter, the petitioner filed an objection submitting that since the affidavit was a true copy the same could not have been exhibited in evidence. The same is not a public document hence for proving the contents of the same it was imperative for the original to have been called for. Merely by marking as an exhibit the document does become admissible in evidence.

3. The objection was contested by respondent No.1 and has been rejected by the trial Court by the impugned order by observing