JUDGMENT : The question presented in these cases require us to resolve two conflicting lines of precedents on the one hand, as the Court stress that "it is necessary for Court to decide about admissibility of documents before they are exhibited in evidence". On the other, some of the learned Judges of this Court have no less categorically said that admissibility of evidence and proof of document should be reserved until judgment in the case is given

Contextual Facts : ---------------

2. It is not necessary to sketch the detailed contextual facts of all cases placed before us. Suffice it to refer two sets of precedents reflecting conflicting opinions giving rise to the present reference.

3. In Writ Petition No.1902/05, the petitioners, who are original defendants, have objected to the order dated 12th January, 2005 by which the learned trial Judge has marked 126 documents as exhibits with the following directions:

"All the documents relied upon by the plaintiffs in the list of documents from Sr.No.1 to 126 are marked as Exhibits subject to production & proof thereof, under the Evidence Act."

The above order has been made in respect of the documents tendered along with affidavit of evi

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