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AJAY BHANOT
Raghav Das Chela Mahant Mathura Das – Appellant
Versus
Kali Ram Das Chela Mahant Ganga Ram Das Deceased – Respondent
JUDGMENT :
1. Heard Shri Ram Kishore Pandey, learned counsel assisted by Shri Sachin Ojha, learned counsel for the appellants and Shri W.H. Khan, learned Senior Counsel assisted by Shri Gulrez Khan, learned counsel for the respondents.
2. The following issues which arise for consideration in this appeal is that :
(ii) Whether on account of the failure of the appellant to object to admissibility of the said document at the time of its presentation before the learned court below precludes the appellants from raising such objections at a later stage in the proceedings?
3. The photocopy of the order dated 04.10.1978 was presented before the court along with the delay condonation application. The document was registered as 35C/169C by the learned appellant court. The delay condonation application was allowed by the learned appellate court on the foot of the aforesaid document. The order passed by the learned appellate court dated 01.05.2013 allowing the delay condonation application has attained finality. The appellants assailed the aforesaid order dated 01.05.2013 by instituting the writ
Objections to the admissibility of documents must be raised at trial; failure to do so waives the right to contest them on appeal.
It is an archaic practice that during the evidence- collecting stage, whenever any objection is raised regarding admissibility of any material in evidence the court does not proceed further without p....
There are two stages relating to documents. One is the stage when all the documents on which the parties rely are filed by them in Court. The next stage is when the documents are proved and formally ....
Objections to the admissibility of a document should be decided at the time they are raised, rather than deferring the decision to the final judgment.
The main legal point established in the judgment is that the court may not permit the filing of additional documents at a belated stage if it would only protract the case, as established by the princ....
The court upheld the Trial Court's decision on the admissibility of secondary evidence and the valuation of the suit, emphasizing the burden of proof lies with the petitioner.
The court emphasized the importance of allowing additional documents at a belated stage if the delay is explained and does not cause prejudice to the opposing party.
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