Dismissed

Jaswinder Singh and Ors. v. Gurcharan Kaur and Ors.

Punjab & Haryana HC4 Aug 2010CR/4844/2010

Case brief

AI extract

What is this about?

Revision filed under Article 226 challenging an order allowing rebuttal evidence without deciding objection to admissibility. Court held objection was recorded and remains open for final hearing; directed trial court to decide it appropriately; dismissed revision.

What did the court decide?

The objection to admissibility shall be decided by the trial court at the appropriate stage in accordance with law during the final hearing of the suit.

Jaswinder Singh and Ors. Vs… — Civil Procedure and Limitation | Punjab & Haryana HC (2010)

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C.R. No.4844 of 2010

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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C.R. No.4844 of 2010 Date of Decision: 04.08.2010

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Jaswinder Singh and others

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.……Petitioners

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Versus

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Gurcharan Kaur alias Charan Kaur and others ……Respondents Coram:HON’BLE MR. JUSTICE L. N. MITTAL.

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Present: Mr. Tribhawan Singla, Advocate for the petitioners.

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L. N. MITTAL, J (ORAL)

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Defendant Nos.1 to 3 have filed the instant revision petition under Article 227 of the Constitution of India assailing order dated 27.05.2010 Annexure P-2 passed by learned Civil Judge (Junior Division), Barnala thereby taking some documents in rebuttal evidence without deciding the objection raised by the petitioners to the admissibility of the said documents.

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I have heard learned counsel for the petitioners and perused the case file.

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Plaintiff-respondent No.1 tendered documents Ex.P-2 to Ex.P-10 in rebuttal evidence vide statement dated 27.05.2010 Annexure P-1. On behalf of defendants, objection was raised to admissibility of documents Ex.P-2 to Ex.P-6 being inadmissible in evidence and also being not proved in accordance with Evidence Act.

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Grievance of the petitioners in the instant revision petition, as canvassed by their counsel is that the aforesaid objection raised by the petitioners to the admissibility of documents Ex.P-2 to

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C.R. No.4844 of 2010 -2-

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Ex.P-6 has not been decided by the trial Court. The trial Court has recorded the aforesaid objection to the admissibility of the documents. Obviously the objection will be decided by the trial Court while deciding the suit. Had the objection been decided against the petitioners, they could have cause for grievance. If the objection has not been decided at the stage it was raised, obviously it has been kept open to be decided at later stage of final hearing of the suit. In any event, it is clarified that the trial Court shall decide the aforesaid objection raised by the petitioners to the admissibility of the documents, at appropriate stage in accordance with law.

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The revision petition stands disposed of accordingly.

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( L. N. MITTAL ) JUDGE

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04.08.2010 A. Kaundal

Jaswinder Singh and Ors. v. Gurcharan Kaur and Ors.

Case brief

What is this about?

What did the court decide?

Jaswinder Singh and Ors. v. Gurcharan Kaur and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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