2009 (3) ALJ 69 ::2009 (2) AIR Bom R 296 ::2009 A I H C 2061

Bombay High Court

Hon'ble Judge(s): V. C. Daga, V. M. Kanade , JJ

( A ) Civil Procedure Code (5 of 1908) O. 13 , Rr. 3, 4, 6 — Documentary evidence — Admissibility — Objection relating to deficiency of stamp duty — Must be taken when document is tendered in evidence — Such objection must be judicially determined before document is marked as exhibit.Considering the provisions of law, it is not possible to reject the document admitted and exhibited in terms of Rule 4 in exercise of powers under Rule 6 of Order 13 of C. P. C. A document can be exhibited in evidence only when such a document is admissible in evidence and not otherwise. If admissible document is exhibited on establishing its proof then such document cannot be de-exhibited or rejected. This is abundantly clear from the provisions of law contained in Rules 4 and 6 of Order 13 read with Para 524 of the Civil Manual. In fact, provisions of law contained in Rule 4 are to be read with Rule 6 of O. 13 of C. P. C. And cannot be considered to be referable to two different stages. The question of exhibiting the document under Rule 4 can arise only if the document is found to be admissible in evidence and in case it is found to be not admissible, the same is to be rejected in terms of Rule 6 of O. 13 read with para 524 of Civil Manual. There is no provision enabling the Court to postpone the objection regarding admissibility or proof of document, as such one can safely rule that the question as to admissibility of document should be decided....