Case Note & Summary
The petitioners, defendants 3 and 4 in a suit for permanent injunction (O.S.No.7485/2011) filed by the plaintiffs, challenged an order dated 13.6.2013 passed by the Additional City Civil Judge (CCH-16), Bangalore, which declined to mark several documents they sought to rely on in their defense. The suit was filed by the plaintiffs seeking a decree of permanent injunction against the defendants. During the trial, when the defendants attempted to produce and mark documents in support of their defense, the Trial Court refused to mark them, apparently on the ground that the documents were not relevant. Aggrieved, the defendants filed a writ petition under Articles 226 and 227 of the Constitution of India. The High Court observed that the Trial Court's order was unsustainable as it pre-judged the admissibility of documents without allowing them to be marked. The court noted that marking of documents is a ministerial act and the question of admissibility must be decided at the time of evidence, not at the stage of marking. The High Court set aside the impugned order and directed the Trial Court to mark the documents, subject to objections regarding admissibility being raised and decided during the course of the trial. The writ petition was allowed.
Headnote
A) Civil Procedure - Marking of Documents - Admissibility - Order 13 Rule 1 read with Section 151 CPC - The Trial Court refused to mark several documents produced by the defendants in a suit for permanent injunction, holding that they were not relevant. The High Court held that the court must decide admissibility of documents at the time of trial, not at the stage of marking, and that marking is a ministerial act. The impugned order was set aside and the Trial Court was directed to mark the documents subject to objections at the time of evidence (Paras 1-5).
Issue of Consideration
Whether the Trial Court was justified in refusing to mark documents produced by the defendants at the stage of evidence without considering their admissibility under the Evidence Act, 1872.
Final Decision
The writ petition is allowed. The impugned order dated 13.6.2013 passed by the Additional City Civil Judge (CCH-16), Bangalore, in O.S.No.7485/2011 is set aside. The Trial Court is directed to mark the documents produced by the defendants, subject to objections regarding admissibility being raised and decided at the time of evidence.
Law Points
- Admissibility of documents
- marking of documents
- Order 13 Rule 1 CPC
- Section 151 CPC
- Evidence Act
- 1872
- duty of court to decide admissibility at trial
- distinction between marking and admissibility
