K N VENKATARAMANIAH SETTY Vs. B N SRINIVASA

JUDGEMENT

(1.) In this revision petition, the learned Counsel for the petitioner has strenuously contended that a very important question of law has arisen for consideration and therefore this revision must be admitted.

(2.) On a careful consideration of the jurisdiction of this Court under Section 115 of the C.P.C., I am of the opinion that this Court should not interfere with orders passed by the trial Court that too in regard to objections raised while recording evidence of witnesses in regard to the admissibility of documents.

(3.) Whether a document is admissible or inadmissible is a decision which the Court has to take at the appropriate stage. If an admissible document is not admitted, it will be a good ground in appeal when the suit is disposed of if anything turns on that document. If an inadmissible document is admitted and thereby a party is prejudiced then also it will be a good ground to get the adverse findings set aside in appeal. Merely because the Court either in ignorance of law or contrary to law declined to admit a document, in evidence, this Court cannot under Section 115 of the Civil Procedure Code interfere with that order. It is seen, in proceedings of discretionary nature the Court has to exercise its discretion in regard to the admissibility or inadmissibility in favour of one view or the other. That is no reason why this Court should interfere at this stage because another view is possible.