N JALAL BAI Vs. N VELU

JUDGEMENT

(1.) THIS civil revision petition is preferred by the revision petitioner/defendant as against the order dated 20. 02. 2008 in O. S. No. 37 of 2005 passed by the District Munsif Judge, Tiruvallur in permitting the respondent/ plaintiff to mark the disputed document as Ex. A. 1.

(2.) THE trial Court has allowed the Exhibit A1 document dated 29. 12. 2001 to be marked subject to objection and the trial Court has taken the view that 'the Ex. A. 1 document appears to be an acknowledgment of liability' and while allowing the said document to be marked as Ex. A. 1 it has relied on the decision of Hon'ble Supreme Court reported in Ram Rathan (Dead) by Lrs. V. Bajrang Lal and others AIR 1978 SC 1393.

(3.) IT cannot be gainsaid that in law marking of a document is a one thing and proving the contents of the same is another thing. Merely because the trial Court has permitted the Ex. A. 1 document to be marked subject to objection, it does not mean that the admissibility of the same is decided by the Court. In fact, when the trial Court has allowed Ex. A. 1 to be marked subject to objection it has only deferred its decision as to the admissibility of the said document in regard to the plea whether the same is duly stamped or requires proper stamp duty penalty etc. Therefore, before the conclusion of the case, the trial court has a premordial duty to render its finding as to the admissibility of Ex. A. 1 or otherwise of A1 and viewed in that perspective, the marking of the Exhibit A. 1 document subject to objection cannot be found fault with in law and resultantly, the civil revision petition fails and the same is hereby dismissed.