Revisions against an order refusing to reject a document already marked in evidence. The High Court dismissed the plea, holding that such documents cannot be rejected later. Liberty granted regarding stamp duty.
Disposal of the Civil Revision Petition with liberty granted to plaintiff regarding stamp duty.
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THE HON’BLE Ms. JUSTICE G.ROHINI
CIVIL REVISION PETITION No.2917 OF 2013
Dated: 26.07.2013
Between: Sri Gurram Srinivasa Rao … Petitioner And Nandyala Sridevi … Respondent
THE HON’BLE Ms. JUSTICE G.ROHINI
CIVIL REVISION PETITION No.2917 OF 2013
ORDER:
The revision petitioner is the defendant No.2 in O.S.No.1249 of 2006 on the file of the Court of VI-Addl. Senior Civil Judge, Vijayawada. The respondent herein is the plaintiff who filed the suit for permanent injunction. During the evidence on behalf of the plaintiff Ex.A.2 document was marked in evidence. The defendant No.2/ revision petitioner filed I.A. No.424/2011 under Order XIII Rule 3 of C.P.C. to reject Ex.A.2 alleging that it was unregistered and not properly stamped. By the order under revision the Court below dismissed the said application observing that the document was already marked. So far as the allegation with regard to deficit stamp duty is concerned, the plaintiff is granted liberty to pay the requisite stamp duty and penalty.
Having heard the learned counsel for the petitioner and having perused the material available on record, I do not find any justifiable reason to interfere with the order under revision. As rightly held by the Court below if the document is already marked in evidence, the same cannot be rejected on an objection raised subsequently as to its admissibility. However, the learned counsel for the petitioner submits that the document was marked subject to objection raised by the defendant. In case the petitioner’s plea that the document in question was marked subject to objection raised by the petitioner as to its admissibility is correct, the Court below will consider the said objection at the time of hearing of the main suit.
The Civil Revision Petition is accordingly disposed of, with the
above observation. No costs.
Consequently the miscellaneous petitions, if any, pending in the
Revision Petition shall stand closed.
_____________ G.ROHINI, J
Date: 26.07.2013 GBS
1 issue framed by the court
Whether a document marked in evidence as subject to objection can be rejected later solely on admissibility grounds under Order XIII Rule 3 CPC.
1 provisions across 1 enactments
Sri Gurram Srinivasa Rao
Nandyala Sridevi
G.ROHINI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
