RAJENDRA GUPTA Vs. RUKMANI
LAWS(RAJ)-2014-4-161
HIGH COURT OF RAJASTHAN
Decided on April 11,2014

RAJENDRA GUPTA Appellant
VERSUS
RUKMANI Respondents

JUDGEMENT

Bela M. Trivedi, J. - (1.) THE writ petition has been filed by the petitioner -plaintiff challenging the order dt. 19.2.14 passed by the Addl. District & Sessions Judge No. 18, Jaipur Metropolitan, Jaipur (hereinafter referred to as 'the trial court') whereby the trial Court has reserved the order on the issue of (sic) exhibits on the documents produced by the petitioner -plaintiff till the final hearing of the suit. After having heard the learned counsel Mr. Saransh Saini for the petitioner and to the impugned order, it appears that the trial Court has reserved the order on marking of the exhibits on the documents alongwith final hearing of the suit, which according to the learned counsel for the petitioner is fixed on 21.4.14. The only apprehension expressed by the learned counsel for the petitioner is that unless the documents in question are tentatively marked, the petitioner -plaintiff would not be able to refer the same during the course of arguments. He has also relief upon the decision of the Apex Court in the case of Bipin Shantilal Panchal vs. State of Gujarat, : RLW 2001(1) SC 169 in which it has been held in para 14 as under: - "(14) When so recast, the practice which can be a better substitute is this: Whenever an objection is raised during evidence taking stage regarding the admissibility of any material or item of oral evidence the trial Court can make a note of such objection and mark the objected documents tentatively as an exhibit in the case (or record the objected part of the oral evidence) subject to such objections to be decided at the last stage in the final judgment. If the Court finds at the final stage that the objection so raised is sustainable the judge or magistrate can kept such evidence excluded from consideration. In our view thee is no illegality in adopting such a course. (However, we make it clear that if the objection relates to deficiency of stamp duty of a document the Court has to decide the objection before proceeding further. For all other objections the procedure suggested above can be followed)."
(2.) SINCE the suit is already at the stage of final hearing, no further order is passed in the instant petition except to observe that the trial Court shall follow the aforestated observations made by the Apex Court for marking the documents. With this observation the present petition is dismissed.;


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