The admissibility of documents can be considered at the time when those documents are tendered in evidence.

ORDER/JUDGMENT – Shri D. D. Bansal, Counsel for the petitioner.

Shri Vikas Singhal, Counsel for the respondent No. 4.

This petition under Article 227 of the Constitution of India has been filed challenging the order dated 11-3-2019 passed by 16th Civil Judge, Class-I, Gwalior in Case No. 18-A of 2003.

2. It is submitted by the counsel for the petitioner that the original plaintiff Kailash Narayan had filed a suit for declaration of title, permanent injunction as well as for declaring the sale deed dated 14-6-2001, as null and void. A declaration was also sought to the effect that the defendant No. 1 has no right to recover the rent as against the rights of the plaintiff. A permanent injunction was also sought to the effect that the defendant No. 1 be restrained from alienating the suit property as well as from dismantling the same. After framing of issues, the case was fixed for recording of evidence of the plaintiff witnesses and the petitioner plaintiff Punit Agarwal submitted an affidavit under Order 18, Rule 4 of Civil Procedure Code and the cross-examination of plaintiff Punit Agrawal was not taken at the relevant time. At the aforesaid stage, the plaintiff petitioner filed an application under Order 7, Rule 14(3) read with section 151 of Civil Procedure Code for taking certain documents on record, which were mentioned in the list of documents and according to the petitioner, they are relevant documents to decide the real controversy involved in the case.

3. The defendant No. 4 filed his reply to the application and denied the contention made therein and prayed for dismissal of the application on the ground of delay.

4. The trial Court, by the impugned order dated 11th March, 2019, partially rejected the application on the ground that some of the documents are the certified copies of the certified copies and the same are not admissible under the law, therefore, the same cannot be taken on record. However, as no objection was raised by the defendants with regard to documents mentioned at Serial No. 5, 6, 9, 10, 11 of the list of documents, therefore, the same were taken on record and the prayer for taking the documents mentioned at Serial No. 1, 2, 3, 4, 7 and 8 was rejected. Accordingly, the present petition has been filed on the ground that at the time of consideration of the application under Order 7, Rule 14 of Civil Procedure Code, the trial Court cannot consider the admissibility of the documents and the same can be considered only at the stage when the same are tendered in evidence.

5. Per contra, it is submitted by the counsel for the respondent No. 4 that subsequent to dismissal of the application filed under Order 7, Rule 14 of Civil Procedure Code and during pendency of this petition, the petitioner had filed another application under Order 7, Rule 14 of Civil Procedure Code and filed same documents after obtaining the certified copies from the original record and the trial Court by order dated 30-1-2019 has allowed the said application and has taken those documents on record and, therefore, this petition has rendered infructuous.

6. In reply, it is submitted by the counsel for the petitioner that the documents mentioned at Serial No. 1, 2, 3 and 4 of list of documents have been taken on record by the trial Court by order dated 30-1-2019, but the certified copies of the documents mentioned at Serial Nos. 7, 8 and 12 of the list of documents dated 14-12-2018 were not filed along with the subsequent application filed under Order 7, Rule 14 of Civil Procedure Code, therefore, the petition still survives in respect of the documents mentioned at Serial No. 7 and 8.

7. The Counsel for the respondent No. 4 is not in a position to controvert the said submission. However, by referring to the subsequent application filed under Order 7, Rule 14 of Civil Procedure Code, it is submitted by the counsel for the respondent No. 4 that, it is specifically mentioned in the said application that all the documents which were filed a