SHIVRAM LODHI Vs. SHEIKH ABDUL SALAM

JUDGEMENT

(1.) This petition filed under Article 227 of the Constitution of India takes exception to the order dated 09.02.2016, whereby the objection raised by the petitioner/defendant and his application (IA No.01/2016) were disallowed by the Court below.

(2.) Briefly stated, the relevant facts are that in the instant civil suit after completion of pleadings, issues were framed and thereafter the matter was fixed for recording evidence of plaintiff. The plaintiff filed his affidavit under Order 18 Rule 4 CPC and during additional examination-in-chief, he produced 'ikrarnama' dated 19.01.2012 which was marked as Exhibit-P/1. The deposition dated 22.01.2016 shows that immediately after the said additional examination-in-chief wherein the plaintiff produced and examined the said document, the matter was posted after lunch session. Thereafter, at the outset, the petitioner/defendant raised the objection that the said document cannot be marked as exhibit. The Court below adjourned the matter to decide the said objection. The petitioner filed I.A. No.01.2016 on 22.01.2016 and contended that the said 'ikrarnama' is not properly stamped, whereas the document shows that the plaintiff has acquired possession and obtained the amount in lieu thereof. Hence, the said document cannot be marked as exhibit. The plaintiff opposed the said contention. The Court below rejected the objection of the present petitioner on the basis of judgment of Supreme Court reported in AIR 1961 SC 1655 [ Javer Chand & others vs. Pukhraj Surana ]. The singular reason assigned while rejecting the objection was that at the time the said document was marked as exhibit, no objection was raised by the present petitioner.

(3.) Mr. Dubey, learned counsel for the petitioner criticize the same by taking assistance from the deposition dated 22.01.2016. In addition, he placed reliance on the judgment of Supreme Court in Javer Chand (Supra) and argued that the said judgement has no application in the facts and circumstance of the present case.