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1995 Supreme(Del) 271

R.C.LAHOTI
SUDIR ENGINIRING COMPANY – Appellant
Versus
NITCO ROADWAYS LIMITED – Respondent


Advocates Appeared:
C.V.RAPPAI, K.N.Bhargavan, K.R.Gupta

C. Lahoti

( 1 ) WHAT appears prima facie to be an insignificant and inconsequential aspect of dicial proceedings has however assumed significance in my view as it is a matter of y-to-day recurrence witnessed,by me sitting on the Original Side. Can a document marked as an exhibit only when it has been proved? Does mere endorsing of an exbit number on the document tant amounts to expression of judicial opinion on its oof?

( 2 ) BEFORE me, the plaintiff is standing in the witness box. His pleaded case is that he had delivered certain documents to a transporter in the presence of Notary Public and the Notary Public had made a report of the proceedings which had taken place in his presence. The plaintiff has in his deposition REFERRED TO to the report of the Notary Public. Before the Court Master could endorse an exhibit number on the report of the Notary Public, counsel for the defendants has sprung up to raise an objection on the document being so endorsed staling - "the document has not yet been proved; how it can be marked as an exhibit?"

( 3 ) NOT only the counsel in the case, but also other members of the Bar usually appearing on the Original Side and present in the Court have stated
















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