Andhra Pradesh High Court
Judges : D.S.R.VERMA
Mulla Alamsabgari Dastigiri - Appellant
Versus
B.Pullamma - Respondent
CRP.No.7002/03
Decided On : 02-05-04
Advocates Appeared :
Mr.K.Rathanga Pani Reddy
Any document can be received in evidence subject to objection - Court can decide such objection at time of final judgment by recording a finding and aggrieved party agitate same in appeal - Appellate Court can decide correctness or otherwise of finding recorded by trial Court with regard to admissibility of document, which is objected and pass orders without remanding matter for fresh disposal.
Said procedure, since not prejudicial to any party and would save time of trial and ordeal of parties in preferring revisions at interlocutory stage etc - Jurisdiction under Art.227 would not be exercised “as the cloak of an appeal in disguise”.
Admittedly in present case dispute is not with regard to deficiency of stamp duty of document - Impugned docket order of lower Court with regard to admissibility of document - Justified - Revision petitions, dismissed.
( 1 ) THIS revision is filed challenging the docket order dated 19-8-2003 passed by the court of Senior Civil Judge, Allagadda in o. S. No. 15/2001. By the impugned order, the court below overruled the objection raised by the 1st defendant while recording the evidence of P. W. 1, with regard to admissibility of a document i. e. , a conveyance agreement. Aggrieved by the same, the 1st defendant filed this revision petition.
( 2 ) IT is settled law that any document can be received by the court subject to objection and a finding can be recorded with regard to its admissibility and, if aggrieved, the same can be challenged in appeal. From the record it could be seen that in the evidence of P. W. 1, an unregistered re-conveyance document was sought to be marked and the 1 st defendant objected to the marking of the same, on the ground that the said document was not registered. As stated above, the court below overruled the objection of the 1st defendant and allowed the document to be marked on the ground that registration is not required for re-conveyance agreement under Section 17 of the Registration Act.
( 3 ) THE learned counsel appearing for the petitioner contended that the re-conveyance document in question creates right in immovable property and hence the same is compulsorily registrable and as the said document was not registered, the same ought not have been received in evidence. In support of his contention, he relied on the judgment of the Apex Court in Kashinath bhaskar v. Bhaskar Vishweshwar wherein it was held at paragraph No. 16 that if the document itself creates an interest in immovable property, the fact that it contemplates the execution of another document will not exempt it from registration under Section 17 (2) (v) of the Registration act, 1908.
( 4 ) THE law declared by the Apex Court in the above judgment is unexceptionable. However, it is to be seen that if the document is admitted in spite of objection by the other side, the same can be agitated in a superior court under Order 41, Rule 27 and Sec. 105 of C. P. C. by taking a specific ground in that regard. Further the Apex Court in a recent judgment reported in State, Through Special cell, New Delhi v. Navjot Sandhu @ Afshan guru and others suggested a procedure to be followed whenever an objection is raised during the evidence taking stage regarding the admissibility of any material or item of oral evidence and further held that said procedure would save time in the trial court. The said portion of the judgment of the Apex court at paragraph Nos. 14 and 15 is extracted as under for ready reference:"14. . . . . . . . . . . . . . . . . . . WHENEVER an objection is raised during evidence taking stage regarding the admissibility of any material or item of oral evidence the trial court can make a note of such objection and mark the objected document tentatively as exhibit in the case (or record the objected part of the oral evidence) subject to such objections to be decided at the last stage in the final judgment. If the court finds at the final stage that the objection so raised is sustainable the Judge or magistrate can keep such evidence excluded from consideration. In our view there is no illegality in adopting such a course. (However, we make it clear that if the objection relates to deficiency of stamp duty of a document the court has to decide the objection before proceeding further. For all other objections the procedure suggested above can be followed.)15. The above procedure, if followed, will have two advantages. First is that the time in trial court, during evidence taking stage would not be wasted on account of raising such objections and the court can continue to examine the witnesses. The witnesses need not wait for long hours, if not days. Second is that the superior court, when the same objection is recanvassed and reconsidered in appeal or revision against the final judgment of the trial court, can determine the correctness
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