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SB Civil Writ Petition No.7164/2008
Roop Chand. vs. Rawat Mal.
S.B. Civil Writ Petition No.7164/2008
Roop Chand. vs. Rawat Mal.
Date : 13.1.2009
HON'BLE MR. PRAKASH TATIA, J.
Mr.Akhilesh Rajpurohit, for the petitioner.
Mr.Vijay Purohit, for the respondent.
– – – – –
Heard learned counsel for the parties.
The petitioner/defendant is aggrieved against
the order of the trial court dated 1.9.2008 by
which his application raising objection against
filing of documents by the respondent/plaintiff
has been rejected.
According to learned counsel for the
petitioner/defendant, the documents have not been
filed with the prior leave of the trial court and
the trial court has not decided the question of
admissibility of the documents which the trial
court should have decided at this stage. The trial
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SB Civil Writ Petition No.7164/2008
Roop Chand. vs. Rawat Mal.
court observed that the question of admissibility
of the documents will be decided after the
evidence of the parties and even at the time of
final decision of the suit.
According to learned counsel for the
petitioner, the order of the trial court is just
contrary to the law laid down by this Court in the
case of Jagdish Prasad vs. Hanuman Das & Ors.
reported in 2008 (3) DNJ (Raj.) 1245.
So far as the first contention of learned
counsel for the petitioner that the documents have
been submitted without prior permission of the
court, therefore, could not have been taken on
record, deserves to be rejected as the documents
were filed before framing of the issues.
So far as the admissibility of the documents
are concerned, they cannot be decided in this
manner by way of application by raising objection
before the documents are tendered in evidence.
Admissibility of the documents can be examined
when the documents are tendered in evidence. Since
in view of the amendment of Civil Procedure Code,
exhibits are put in the statement by the parties
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SB Civil Writ Petition No.7164/2008
Roop Chand. vs. Rawat Mal.
in their affidavits and they are marked on the
documents, therefore, the petitioner will have his
right to object the admissibility of the document
in evidence at the time of cross examination.
In the present case, the evidence has not
started, therefore, the petitioner will be free to
raise this objection at the time of cross
examination, upon which the trial court may decide
the objection of the petitioner in accordance with
law without deferring the matter for decision till
the decision of the suit.
With the aforesaid observations, this writ
petition is disposed of.
(PRAKASH TATIA), J.
S.Phophaliya