ORDER :- This is an application to revise the order of the Subordinate Judge, Bapatla refusing to decide the question of the admissibility of certain documents which were tendered in the course of the cross-examination of P. W. 23.

The learned Subordinate Judge took the view that there is a practice obtaining in the mofussil Courts that the documents might be marked tentatively and the question of admissibility might be decided at the time of hearing of the arguments in the suit. He was also of the opinion that the decision in Chidambaram Chettiar v. Meyyappan Ambalam, AIR 1946 Mad 298 (A) recognised and gave its full approval to such a practice. He refused to follow the direct decision of Rajamannar, C. J. reported in Devasikhamani Gounder v. Andamuthu Gounder, 1955-1 Mad LJ 457 (B) on the ground that the decision of the Bench in Chidambaram Chettiar v. Meyyappan Ambalam (A) was not referred to by him.

2. The learned Subordinate Judge erred in thinking that the learned Judges in Chidambaram Chettiar v. Meyyappan Ambalam (A) held that the question of the admissibility of the documents need not be gone into at the time when an objection is raised by the parties. What appears from that

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