ZIMIDARA TRADING CO. Vs. KANWAR BHAN ALIAS KORA

JUDGEMENT

(1.) THE controversy between the parties pertains to the recovery of certain amount, for which purpose the respondent -plaintiff had filed a suit for recovery against the defendant -petitioner. At the trial, three documents (Ex.D3,Ex. D9 and Ex. D10) were put to the plaintiff -respondent in the course of cross -examination. Those documents otherwise formed part of the pleadings -related evidence adduced by the defendant -petitioner. However, it is only the concluding page of those documents (copies of ledger etc.) which came to be exhibited. The preceding pages were not got exhibited at the trial. On realising the error, the defendant -petitioner applied for the leave of the Court to tender those pages as well into evidence.

(2.) THE defendant -petitioner is in revision.

(3.) THE learned Counsel for the plaintiff -respondent states that he has reservations about the valid reception of those documents into evidence without those being formally proved and further that the reception of those documents may also not be permissible without the plaintiff -respondent being recalled into the witness box for being confronted therewith.