D.N. Patel, J. - (1.) I have heard counsel for the Petitioner who is original Defendant of Title Suit No. 94 of 1995 and he has pointed out that once the document is already exhibited namely, the death certificate of Ranjanwashi Sahun, it cannot be de -exhibited. It is also submitted by the counsel for the Petitioner that there is no provision under the Indian Evidence Act for de -exhibiting a document.
(2.) COUNSEL for the Petitioner has also pointed out from the impugned order dated 4th December, 2008 (Annexure -5) as well as the order dated 25th November, 2010 (Annexure -8) and submitted that the learned trial court has lost sight of the fact that once a document is exhibited, there is no provision to de -exhibit the same. Though the Respondents are served in pursuance of the notice issued by this Court dated 9th February, 2011, but, they are not appearing before this Court. Affidavit of service of the notice has also been filed which is on record.
(3.) LOOKING to the facts of the present case, it appears that the sale deed upon which original Plaintiff is relying upon was executed by one Ranjanwashi Sahun. It has also brought on record by the trial court that the said sale deed is dated 31st March, 1979. The original Defendant has presented death certificate of Ranjanwashi Sahun, who expired on 11th December, 1977. The said death certificate is marked as Exhibit -F. There may be a cancellation of such certificate later on, but, once a document is already exhibited, it cannot be de -exhibited. Cancellation of death certificate letter would have been produced by the original Plaintiff and the same can also be exhibited, and the trial court has to evaluate both the documents i.e. Exhibit -F as well as the cancellation of death certificate letter, if any, presented by the original Plaintiff before the trial court. Once the document is exhibited that does not mean that it has a very high evidentiary value. Some times it may happen that a document which is exhibited may not have any evidentiary value.;