The petitioner challenged an order refusing to de-exhibit documents tendered as secondary evidence. The High Court dismissed the revision petition, noting that while the lower court could not order de-exhibition, it had reserved the issue of admissibility for final arguments.
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2024:PHHC:026591
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
135 CR No.1137 of 2024 Date of Decision : 26.02.2024
Kailash Rani ....Petitioner
VERSUS
Thakur Dwara Baba Dhari Ram and Another ....Respondents
CORAM : HON’BLE MRS. JUSTICE ALKA SARIN
Present : Mr. Kanwaljeet Singh Brar, Advocate for the petitioner.
ALKA SARIN, J. (Oral)
JITENDER KUMAR 2024.02.27 09:06 I attest to the accuracy and integrity of this order/judgment Chandigarh
CR No.1137 of 2024 -22024:PHHC:026591
disposed off vide the impugned order dated 20.12.2023 by holding that at this stage the Court could not order de-exhibition of the documents, however, the admissibility of the documents would be seen at the time of final arguments. The plaintiff-respondent No.1 is not aggrieved by the said order, rather it is the defendant-petitioner who has approached this Court on the ground that the documents cannot be de-exhibited. Learned counsel for the petitioner would contend that once the documents have been exhibited there is no provision to de-exhibit the documents.
Court itself has observed that de-exhibition of the documents cannot be ordered, however, admissibility of the same would be seen at the time of final arguments. In view thereof, the argument raised by learned counsel for the petitioner is wholly meaningless.
26.02.2024 jk
( ALKA SARIN ) JUDGE
NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO
JITENDER KUMAR 2024.02.27 09:06 I attest to the accuracy and integrity of this order/judgment Chandigarh
1 issue framed by the court
Can documents already exhibited in evidence be de-exhibited during the course of trial?
Kailash Rani
Thakur Dwara Baba Dhari Ram and Another
Alka Sarin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
