DATAJI RICE MILLS Vs. PURTI BASAPATI

JUDGEMENT

(1.) The plaintiff/opposite party herein filed money suit being Money suit no. 3 of 2016 before the learned Civil Judge, Senior Division, Burdwan claiming decree for a sum of Rs.40,00,000.00 along with compensation and for permanent injunction against the petitioners herein. The petitioners herein as defendants are contesting the said suit by filing a joint written statement whereby they have denied all material allegations as set out in the plaint. In the said suit, Mr. Kishore Kumar Agarwal was examined on behalf of plaintiff on 28/2/2017 and was also cross examined in part. On the same day, some documents were filed by the plaintiffs by separate 'Firisti' which were marked as exhibit and such documents include one purported agreement for sale which was not duly stamped and though it is titled as sale deed but it is not a registered document. Without proving such document and without calling for any objection from the defence side, the learned court below accepted the unstamped document and marked the document as exhibit.

(2.) According to the petitioners, said document is required to be impounded in accordance with law by the Trial Court. The petitioners strongly objected to such admission and they filed one application on 14/3/2017 under Sec. 151 of the Code praying for expunging the same, as once it will be marked as exhibit, the defendant will be debarred from praying said unstamped document to be impounded. Unfortunately, the court below after hearing the parties, was pleased to reject the said application by the order impugned.

(3.) Being aggrieved by that order, the petitioners herein submits that the court below has exceeded his jurisdiction in marking the documents as exhibit. In fact, the learned court below has failed to exercise his jurisdiction following the provision laid down in the Indian Evidence Act, 1872 and has disposed of the same with unnecessary haste and without calling any objection from the other side. Accordingly, the petitioners have prayed for setting aside the order impugned.