PREM SINGH Vs. MANGAL SINGH

JUDGEMENT

(1.) In the course of arguments in this appeal, it came to light that the documents, produced by the defendant-appellant, in the trial Court were not properly admitted after making the endorsements as required under Order 13, Rule 4(1) of the Civil Procedure Code (hereinafter referred to as Code). These documents are Exhibits D.1 to D.5, D.W. 2/1, D.W. 3/1, D.W. 4/1 an D.W. 4/2. What to speak of the endorsements required under Order 13, Rule 4 of the Code these documents have not even been signed by the trial Sub-Judge. No doubt during the trial of the suit nobody raised any objection when these documents were tendered and admitted into evidence but order 13 Rule 4(1) of the Code requires that certain particulars are mentioned on documents which have to be admitted into evidence. These particulars include the number and title of the suit, the name of the person producing the document, the date on which it was produced and a certificate of the Court evidencing the fact that the document has been admitted in evidence. The counsel for the defendant-appellant says that the case of the appellant hinges on the admission of these documents in evidence and the same cannot be ignored.

(2.) The omission on the part of the trial Sub-Judge to sign the exhibits and to comply with the provisions of Order 13 Rule 4(1) of the Code, has resulted into embarrassing and perplexing controversies as to whether these documents had or had not been admitted into evidence.

(3.) The documents produced by the defendant-appellant have been referred to by both the Courts below. Even though no objection had been raised but it appears proper that the case be remanded for fresh trial with the direction that the provisions of Order 13, Rule 4(1) of the Code should be strictly complied with. Although the remand of the case will cause great hardship to the parties but all the same there appears to be no way out. The case is, therefore, remanded to the trial Court under Order 41, Rule 23 of the Code with the direction that the documents relied upon may properly admitted after making the endorsements as required under Order 13, Rule 4(1) of the Code and that judgment and decree thereafter be passed in accordance with law. The costs of this appeal will follow the event. Appeal accepted.