BALAHARI SAHA Vs. SUBODH KRISHNA HALDAR

JUDGEMENT

(1.) This revisional application is directed against Order No. 149 dated 16th November, 2011 passed by the Civil Judge (Junior Division), 2nd Court, Asansol in Title Suit No. 142 of 1988, by which an objection to marking of a document as exhibit is rejected.

(2.) It appears that the plaintiff's witness tendered a deed of gift executed and registered in the year 1964. The said deed was sought to be exhibited upon raising a presumption being more than 30 years old document under Section 90 of the Indian Evidence Act. At the time of marking the said document as exhibit, an objection was raised by the petitioner that the plan, appended to the said deed which is obviously an integral part of the document, is not the same as was appended to the original deed. Thus, the objection did not relate to execution and registration of the deed of gift but was concerning the plan annexed thereto.

(3.) The trial Court observed that at the time of marking a document as exhibit, the Court has to prima facie satisfy as to the sealing, signing, delivery, registration and attestation of the deed. Whether the plan, annexed and/or appended to the said deed, is genuine or not is a matter to be decided on trial. Mere marking of a document as exhibit does not lead to the presumption of its genuineness and its evidential value is to be judged and/or determined at the time of final disposal of the suit.