- (1.) An application for a direction to assess the necessary fees and to deposit the same in the office of the Trial Court is rejected by the impugned order.
(2.) Admittedly, in a suit for specific performance of an agreement for sale of the immovable property, the first witness of the plaintiff tendered the agreement dated 26th August, 2006 to be received in evidence. It appears from the observations recorded by the Trial Court that an objection was raised at the time of marking the said document as exhibit, but the Court exhibited the said document as "Exhibit-1" subject to objection.
(3.) The manner in which the document is marked as exhibit leads no manner of ambiguity that the Court postpone the determination on admissibility of the said document at the time of final hearing of the suit. There is some dispute whether the said document was marked exhibit with objection or no objection was raised at the time of marking it exhibit.;