DILIP SINGH Vs. GOPALDAS GOYAL

JUDGEMENT

(1.) BY this petition under Article 227 of the Constitution of India, petitioner/tenant/defendant seeking indulgence of this Court in the matter of postponing decision by the trial Court vide the impugned order dated 13/05/2014 passed in civil suit No.9A/2012 on the objection of the petitioner as regards admissibility of the photographs in absence of negative while the same was confronted to the petitioner/defendant during the course of crossobjection. It is submitted that unless negatives were produced, the photographs could not have been admissible in evidence and, therefore, on objection being made, the trial Court before proceeding further with the suit, ought to have decided the same.

(2.) IN the opinion of this Court, this petition is wholly misconceived. As a matter of fact, the trial Court has made a note in the deposition sheets itself to the following effect:

(3.) LEARNED counsel for the petitioner has relied upon the order of a coordinate Bench of this Court, Bhondu Vs. Prakash Chandra,1981 2 MPWN 100. The relevant facts in that case were to the effect that the issue as regards admissibility of the document (promissory note) for want of properly stamped was framed and, therefore, while the evidence was being lead on that issue, the objection of the defendant as regards admissibility of the document on the aforesaid count was required to be decided before accepting the said document.