BACHIBAI ALIAS KUNVERBAI WD O SHAH THAKERSHI NENSHI Vs. SHAH VIRJI DEVJI
HIGH COURT OF GUJARAT
BACHIBAI ALIAS KUNVERBAI WD/O SHAH THAKERSHI NENSHI
SHAH VIRJI DEVJI
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V. B. RAJU -
(1.) RAJU J.
(2.) THIS revision application arises in the following circumstances:- A particular document was admitted in evidence by the trial Court and the contention in revision is that the trial Judge was wrong in admitting the document in evidence and that in holding that the document was admissible in evidence the learned Judge has misconstrued the document as a partition and not as a release. Where the Court admits a document or refuses to admit it in evidence that matter cannot be the subject matter of revision under sec. 115 C.P.Code. During the course of examination of witnesses a Court has to give various rulings on the admissibility in evidence of the questions put and answers given There cannot be a revision against every decision of the Judge allowing the question to be put. When the Court allows a question to be put or refuses the question to be put that would not amount to deciding a case. Similarly when the Court allows document to be admitted in evidence or the Court refuses to allow it that does not amount to deciding a case but it amounts to deciding a question regarding the admissibility of certain evidence. Therefore when the Court decides questions under the Evidence Act it is not deciding a case and therefore its decision cannot be the subject matter of revision under sec. 115 C.P.Code. The same view has been taken in by Mudholkar J. as he then was in Babulal v. Jugalkishore A.I.R. 1954 Nagpur 254 I therefore hold that this revision application does not lie and dismiss it. No order as to costs. Application dismissed.;
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