Prakash Tatia, J.-Heard learned Counsel for the parties.

2. It appears that the petitioner/defendant submitted an application under Order 13 Rule 3, CPC before the trial Court and raised objection about admissibility of the document on the ground that since the original document is in existence and has not been produced by the plaintiff , therefore, no mark of exhibit can be put on the copy of document as the document in question is inadmissible in evidence as the primary evidence is available and further the original document is not executed on proper stamps.

3. The petitioners above said application was dismissed by the trial Court on the ground that the objection can be decided by the Court subsequently after the evidence and the mark of Exhibit, subject to objection, can be put on document. The trial Court took help of amendment in CPC and observed that after the amendment in CPC, the evidence can be produced by the parties by way of an affidavit and objection about admissibility of the document can be examined by the Court only afterwards.

4. According to learned Counsel for the petitioner, the document in question is a fabricated document and for that purpose, the pe