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1977 Supreme(P&H) 165

PUNJAB & HARYANA HIGH COURT
R.S.Narula, J.
Sagarmal
Versus
Gulab Chand
Civil Revision No. 1335 of 1976,
Decided On : OCTOBER 19, 1977

An order admitting a document into evidence does not amount to a case decided, and therefore, no revision lies against such an order.

Headnote:

Revision - Admissibility of Unregistered Document - The court held that no revision lies against the order admitting a disputed unregistered document into evidence, as it does not amount to a case decided.

Fact of the Case:

The court dismissed the petition for revision of the order admitting a disputed unregistered document into evidence, citing the lack of jurisdiction for revision against such an order.

Finding of the Court:

The court found that no revision lies against the order admitting the unregistered document into evidence, and parties can challenge the correctness of the order in first or second appellate proceedings.

Issues: Admissibility of unregistered document, jurisdiction for revision against the order admitting the document into evidence.

Ratio Decidendi: The court held that an order admitting a document into evidence does not amount to a case decided, and therefore, no revision lies against such an order.

Final Decision: The petition for revision was dismissed, and the parties were left to bear their own costs.

Judgment

1. This petition for revision of the order of Shri S. N. Chadha, Sub-Judge 1st Class, Narnaul, dated 23.07.1976, admitting a disputed unregistered document into evidence and overruling the objection of the plaintiff-petitioner that it is not admissible in evidence for want of compulsory registration u/s. 17 of the Indian Registration Act, must fail on the short ground that no revision lies against such an order, as held by the Full Bench of the Lahore High Court in Bibi Gurdevi V/s. Mohammad Bakhsh, AIR 1943 Lah 65, in the following passage, quoted from the main judgment of Dalip Singh, J. (at p. 80) :-

"It seems clear to me that if a Court decides merely to summon a witness, or rejects or admits a document as evidence in the case, or postpones or adjourns the case, such an order cannot possibly be held to be a case decided."

No judgment to the contrary has been cited. For the reasons assigned above, I am unable to find my way to interfere with the order under revision at this stage. It will of course be open to any party to challenge the correctness of the order in first or second appellate proceedings, as the case may be. The petition is dismissed. The parties are left to bear their own costs.

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