MARUTI NANA YERME Vs. LAXMAN SANTRAM CHEPURE

JUDGEMENT

(1.) BY a registered sale -deed dated 7 -4 -1971 certain lands situated at village Manandi, taluka Ahamadpur, district Osmanabad were sold by the respondent to the petitioner at a price of Rs. 13,000. A sum of Rs. 8,000 was paid by the petitioner to the respondent at or before the execution of the same and as recorded in the sale -deed the balance amount of Rs. 5,000 was agreed to be paid on or before 7 -4 -1972. According to the respondent, petitioner failed to pay the balance amount and the respondent filed the suit before the Civil Judge, Junior Division, Ahamadpur, being Regular Civil Suit No. 65 of 1974 for recovery of the said amount and for the charge. In his written statement the petitioner who was the original defendant alleged that he had paid a sum of Rs. 4,000 leaving a balance of Rs. 1,000 which he was ready and willing to pay.

(2.) ACCORDING to the petitioner payment of Rs. 3,800 was evidenced by a receipt signed by the respondent. It appears that the respondent has denied the genuineness of the signature. The petitioner, therefore, submitted an application to the learned Civil Judge for an examination of the said receipt by Handwriting Expert and applied for sending the receipt in dispute along with certain other documents which the respondent had admittedly signed for comparison and opinion of the Handwriting Expert. On 29 -3 -1973 this application was allowed and the documents were ordered to be sent to the Handwriting Expert. From the record it does not appear as to whether this order was passed after hearing the respondent's advocate. I do not find any complaint on record as to the said order having been passed ex parte.

(3.) IT may be noted that the admissibility of the documents in evidence has to be argued only when the document is sought to be tendered in evidence and cannot be decided earlier. Hence, the learned Judge should not have decided the question of admissibility on the mere application without waiting for the receipt being tendered in evidence. It is only at that time that the question of admissibility of a document can arise for decision.