The court permitted marking of documents in a civil revision as relevant for adjudication, allowing proof of their genuineness though one party was not a signatory.
Documents permitted to be marked subject to proof of relevance and genuineness.
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THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO
C.R.P.No.3675 OF 2012
ORDER:-
The revision is filed against the order in O.S.No.57 of 2005 on the file of the Senior Civil Judge, Puttur, Chittoor District, whereunder some of the documents said to have been executed in favour of defendants 2 and 3 are sought to be marked by the 1st defendant, who is mother of defendants 2 and 3. The plaintiff has raised an objection that since defendants 2 and 3 have not appeared and as the 1st defendant is third party to the documents, they cannot be received and the objection was upheld by the Court below.
2. Evidently, even the document omnibus is not prevented from producing before the court. The relevancy, admissibility and truth of it is different aspect to be considered. Even if the party to the suit is not a party to those documents, there is no prohibition under law that all the documentary evidence, which is relevant for effective adjudication, cannot be ignored. Ultimately, it is for the Court to find whether the documents are relevant and proved or not. In fact, DW.1 is no other than the mother of defendants 2 and 3 and though she may not be a party to the documents, she cannot be said to be ignorant of the document when she herself is a party to the proceedings.
3. Therefore, in view of the above circumstances, the documents are permitted to be marked subject to the proof, relevancy and genuineness of the documents.
With the above direction, the Civil Revision Petition is disposed of. No costs. The miscellaneous petitions, if any, filed in this revision
shall stand closed.
JUSTICE N.R.L. NAGESWARA RAO
Date:03.08.2012 Note: Issue C.C. by 06.08.2012. (B/O.) INL
Senior Civil Judge, Puttur
N.R.L. Nageswara Rao
As recorded by the court registry
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