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Thursday, June 4, 2015

Admissibility of a document when can be decided - Marking of a document when can be done ?

Whether the document can be marked for identification purpose ?
i) A list of documents should be filed along with the plaint or written statement and if the parties want to file document subsequently, they have to take leave of the Court.
ii) The documents, which are marked, does not dispense with their proof.
iii) There is a difference between marking of a document and admitting the same in evidence.
iv) As held by the Supreme Court in R.V.E.Venkatachala Gounder (supra), the objection that the document which is sought to be proved is itself inadmissible in evidence can be raised even at a later stage or even in appeal or revision. When the objection relates to mode of proof alleging the same to be irregular or insufficient, the objection should be taken before the evidence is tendered and cannot be allowed to be raised at any stage subsequent to the marking of the document as an exhibit. This later objection is an objection relating to the irregularity or insufficiency.
v) In order to avoid delay in the trial of the suit, the Court can tentatively mark a document and examine its admissibility and the objection raised to it along with the pronouncement of judgment.
Since, in the instant case, the order of the trial Court speaks of receiving of the document only without passing a judicial order on its admissibility, the defendant can as well raise his objection as to its admissibility at a later stage, and the trial Court shall consider the same and pass appropriate orders thereon. The objection relating to relevancy of the document need not be decided at the time of marking the document. It relates to admissibility and can be raised by the defendant at a later stage and should be decided by the Court at the time of pronouncement of judgment. Though the plaintiff has not sought leave of the Court while filing the list of documents on 30.04.2013, subsequent to the filing of the plaint, this Court considers the said defect as an irregularity and not an illegality. Since Exs.A6 to A10 were already marked from out of the list of documents, it is assumed that the trial Court has permitted such filing of the documents. However, the trial Court, hereafter, should scrupulously follow the provisions of CPC while receiving and marking the documents.-2015 Telagana & A.P. msklawreports

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