Case Note & Summary
The petitioner, Mohanraj Rupchand Jain alias Chhajed, filed a writ petition challenging two orders: (1) the order dated 3rd December 2005 passed by the Trial Judge in Interim Notice No.1576 of 2005 in R.A.E.Suit No.752 of 2004, rejecting the petitioner's application objecting to the admissibility of certain documents sought to be produced along with an affidavit in evidence filed under Order XVIII Rule 4 of the Code of Civil Procedure, 1908 (CPC); and (2) the order dated 29th August 2006 passed by the revisional bench of the Small Cause Court, Mumbai, in Revision Application No.23 of 2006, dismissing the revision against the trial court's order. The dispute arose in a suit between the petitioner and the respondents, where the respondents sought to produce documents along with their affidavit in evidence. The petitioner objected to the admissibility of those documents at that stage. The trial court rejected the objection, holding that the issue of admissibility should be decided at the time of marking of exhibits. The revisional court affirmed this view. The High Court, after hearing both sides, held that the objection to admissibility of documents cannot be raised at the stage of filing the affidavit under Order XVIII Rule 4 CPC, but must be raised at the time of marking of exhibits. The court found no error in the impugned orders and dismissed the writ petition. The court also noted that the petitioner would be at liberty to raise the objection at the appropriate stage.
Headnote
A) Civil Procedure - Admissibility of Documents - Objection at Stage of Affidavit in Evidence - Order XVIII Rule 4 CPC - The court held that objections to admissibility of documents cannot be raised at the stage of filing affidavit under Order XVIII Rule 4 CPC, but must be raised at the time of marking of exhibits. The trial court's rejection of such objection was upheld, and the revisional court's dismissal of revision was confirmed. (Paras 1-6)
Issue of Consideration
Whether the trial court can reject an application objecting to the admissibility of documents sought to be produced along with an affidavit in evidence under Order XVIII Rule 4 CPC, before the stage of marking of exhibits.
Final Decision
The writ petition is dismissed. The impugned orders are upheld. The petitioner is at liberty to raise the objection at the appropriate stage.
Law Points
- Objection to admissibility of documents must be raised at the time of marking of exhibits
- not at the stage of filing affidavit under Order XVIII Rule 4 CPC
- Order XVIII Rule 4 CPC
- Evidence Act
- 1872
