MADANLAL Vs. RAMESH CHANDRA MAHADIK AND ANOTHER

JUDGEMENT

(1.) With the consent of parties, matter is heard finally.

(2.) In this petition, the petitioner has assailed the validity of the orders dated 16.12.2010 & 28.01.2011 so far they pertain to marking of the exhibit on the photocopy of the cheque as well as application for compromise.

(3.) Facts giving rise to filing of this writ petition are that respondent / plaintiff filed a suit for eviction on the ground of Section 12(1)(a) of M.P. Accommodation Control Act. The defendants have filed their written statement and have contested the suit. After framing of the issues, at the stage of evidence respondent / plaintiff filed an application under Sections 65 & 66 of the Evidence Act which was allowed by the trial court vide order dated 16.12.2010 and documents namely photocopy of the cheque as well as application for compromise were permitted to be marked as Exhibit. Thereupon, the petitioner raised an objection that the aforesaid documents cannot be marked as exhibit even then the aforesaid documents were permitted to be marked as exhibit by the trial court vide impugned order.