CHHINDER SINGH Vs. CHARAN KAUR

JUDGEMENT

(1.) This petition has been filed by the plaintiffs-petitioners, aggrieved by order Annexure P-3 dated 04.07.2015, dismissing the application filed by the plaintiffs-petitioners under Section 60 of the Indian Evidence Act for striking of the inadmissible evidence (hear-say) mentioned in the affidavits as examination-in-chief of DWs i.e. DW-1 Dilbagh Singh, DW-2 Charan Kaur and DW-3 Bhupinder Singh.

(2.) The plaintiff-petitioners claim that the Court below has acted illegally in dismissing the application and keeping the objections open till the stage of final arguments. He has vehemently contended that inadmissible evidence should be out-rightly rejected and should not be permitted to be brought on the record.

(3.) Learned counsel for the petitioners has placed reliance on the judgments in Jasjit Singh and another v. Prem Harjit Singh and another, 2012 4 CivCC 254, Girdhari Lal v. Ritesh Mahajan and another, 2005 2 RCR(Rent) 426 and R.V.E. Venkatachala Gounder v. Arulmigu Viswesaraswami & V.P. Temple and others, 2003 4 RCR(Civ) 704, in support of his contentions that the documents which are inadmissible in evidence should not be permitted to be produced in evidence.