SHAIL KUMARI Vs. SARASWATI DEVI

JUDGEMENT

(1.) On the request of counsel for the parties arguments were heard for final disposal of the matter. This revision petition raises a simple as well as a question of great importance to the subordinate courts as to whether in the trial of a civil suit during examination of a witness when a document is tendered in evidence and it is sought to be proved the question of admissibility of that document and marking of the exhibit thereon may be deferred till the stage of hearing of final arguments.

(2.) The factual matrix of the cause is that the petitioner/plaintiff filed a civil suit for declaration that she was the sole and absolute owner of the disputed wall and also for grant of permanent injunction restraining the respondent from raising any further construction in the suit property. On contest by the respondent, the trial court framed the issues. The petitioner did not enter into the witness box herself. She examined her daughter Ms.Geeta Rohtagi as Pw-3 to prove her case. In her statement Ms.Geeta Rohtagi stated that the petitioner had executed a power of attorney in her favour and she identified the signatures of the. petitioner on that document. The court put 'mark X' on the document and recorded following observations in the statement;-

(3.) PW3 Ms.Geeta Rohtagi further stated that her mother, the petitioner, became owner of the property by virtue of a registered settlement deed dated 5/9/1950. She has brought the original deed of settlement, Hindi translation of which is 'marked Y' Below it the court recorded the following observations;-