IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No.1926 of 2009
Md. Mobin.... ... ... ... ... Petitioner
Versus
Bashir Ahmad & Ors. ... ... ... Respondents
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CORAM: HON'BLE MR. JUSTICE SUSHIL HARKAULI
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For the Petitioner: Mr. Ranjan Kumar
For the Respondents: Mr. G.M. Misra
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2/18.8.2009
The petitioner is the defendant in a civil suit.
In that suit, allegedly certain documents were filed by the
defendant but were not proved and were therefore not exhibited.
After closure of evidence of both sides, when the case was
at the stage of final argument, the petitioner defendant moved an
application for exhibiting all those documents and ‘marking’ the
documents as public documents. Whether a document is a public
document or not depends upon the document and provision of the
Evidence Act which defines “public document”. There is no
procedure for ‘marking’ a document as public document.
It is obvious that unless a document has been proved or its
formal proof is dispensed with, it cannot be exhibited.
The plaintiff, therefore, contended that at this ripe and
belated stage of arguments the defendant is adopting the tactics of
seeking exhibiting of the documents for the purpose of leading a
fresh round of evidence for proving his documents.
The Trial Court agreed with the plaintiff.
In my opinion, this is not a fit case for interference in the
extra ordinary jurisdiction of this Court at this inter-locutory stage,
as entertaining this writ petition would require issuance of notice to
other side and staying the proceeding in the suit.
It is obvious that if any wrong decision is taken, every
ground permissible in law will be available in the regular appeal
from the decree of the Court.
Therefore, I decline to entertain this writ petition and the
same is accordingly dismissed.
(Sushil Harkauli, J.)
Sudhir/FA