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SUPREME COURT OF INDIA
Anil R. Dave and Adarsh Kumar Goel, JJ.
K. Mallesh - Appellant
Versus
K. Narender and others - Respondents
Civil Appeal Nos. 6841 and 6842 of 2008.
Decided on : 15.10.2015.
Interlocutory Order - Admissibility of Documents - The court set aside the impugned order passed by the High Court, stating that the admissibility, reliability, and registrability of the documents shall be considered independently at the time of the trial and not prior thereto.
Fact of the Case:
The court found that the impugned order was passed at an interlocutory stage during the pendency of the suit, regarding the admissibility of two documents.
Finding of the Court:
The court set aside the impugned order passed by the High Court without going into the merits of the case, stating that the High Court should not have interfered at the stage when the trial was still in progress.
Issues: Admissibility of documents at an interlocutory stage
Ratio Decidendi: The admissibility, reliability, and registrability of the documents shall be considered independently at the time of the trial and not prior thereto.
Final Decision: The appeals are disposed of as allowed. No order as to costs.
JUDGMENT :
Anil R. Dave, J. - Upon hearing the learned counsel for the parties and upon perusal of the impugned order, we find that the said order passed at an interlocutory stage, during the pendency of the suit. The question is with regard to the admissibility of two documents.
2. In our opinion the High Court should not have interfered at the stage when the trial was still in progress. Therefore, we set aside the impugned order passed by the High Court without going into the merits of the case. We say that the admissibility, reliability and registrability of the documents shall be considered independently only at the time of hearing of the trial and not prior thereto. All questions with regard to the aforesaid issues shall remain open.
3. The appeals are disposed of as allowed.
4. No order as to costs.
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