2014 Supreme(Raj) 984
RAJASTHAN HIGH COURT AT JAIPUR BENCH
Bela M.Trivedi, J.
Kanhaiya Lal and others - Appellant
Versus
Smt. Sushila Devi and others - Respondent
S.B. Civil Writ Petition No. 21055 of 2013.
Decided On : 14-02-2014
Advocates:
For the Petitioners:Saransh Saini, Advocate.
For the Respondents:Damodar Mishra, Advocate.
Public documents produced along with an affidavit are required to be exhibited when found to be so by the trial court.
Headnote:
Exhibit - Public Documents - The trial court is directed to mark exhibits to the documents in question.
Fact of the Case:
The petitioners challenged the trial court's order for not marking the documents as exhibit, despite acknowledging them as public documents.
Finding of the Court:
The court found that the documents produced were public documents and deserved to be exhibited, and as the suit was fixed for final arguments, no other stage was left for exhibiting the documents.
Issues: Controversy over the trial court's refusal to exhibit public documents produced by the petitioners.
Ratio Decidendi: When public documents are produced along with an affidavit and found to be so by the trial court, they are required to be exhibited in the evidence.
Final Decision: The trial court was directed to mark exhibits to the documents in question, and the writ petition was disposed of.
JUDGMENT
1. - The present writ petition has been filed by the petitioners-plaintiffs, challenging the order dated 30.11.2013 passed by the Additional District & Sessions Judge, Camp Court Dudu, Jaipur (hereinafter referred to as "the trial court"), whereby the trial court has not marked the documents as exhibit, produced by the petitioners along-with the affidavit.
2. After having heard the learned counsels for the parties, it appears that the only controversy raised by the petitioners-plaintiffs is that the trial court though has observed that the documents produced by the petitioners-plaintiffs are public documents, and deserve to be exhibited, did not exhibit the same, by holding that the said documents could not be exhibited by the affidavit filed by the petitioners. It is not disputed by the learned counsels for the parties that the documents in question are the public documents, they being certified copies of the orders, and that the said documents were permitted to be produced by the court. It is also not disputed that the suit is now fixed for final arguments, and therefore no other stage is left for exhibiting the said documents.
3. Under the circumstances, when the petitioners have produced the documents along-with the affidavit, and when the said documents are found to be the public documents as observed by the trial court in the impugned order, the same are required to be exhibited in the evidence.
4. In that view of the matter, the trial court is directed to mark exhibits to the documents in question. With this direction, the writ petition stands disposed of.Petition Disposed of.
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