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2023 Supreme(Online)(KER) 7446

HIGH COURT OF KERALA
P.SOMARAJAN, J
SATHEESH P. SOMAN – Appellant
Versus
ISSAC – Respondent


Advocates:
ALIAS M.CHERIAN, K.M.RAPHY, BRISTO S PARIYARAM, VIVEK RADHAKRISHNAN, ARUN C.S.

JUDGMENT

Under Ext.P8 order, the trial court rejected to mark four documents furnished by the petitioner herein at the time of examination of defendants through a Commission on the reason that the document is an unregistered one. A document put up at the time of examination of a witness cannot be rejected in toto on the ground of non-registration except in the case which would fall under Section 36 of the Indian Stamp Act . In fact, marking of the document is for the purpose of its identification. It does not mean that it is admitted in evidence, but subject to the exceptions carved out under of the . Even otherwise, the document can be used for collateral purpose, though it was not registered as mandated under Section 17 of the Registration Act. Section 49 of the Registration Act is a prohibition in admitting a document in evidence, but subject to the exceptions carved out under the proviso. Necessarily, the court below ought to have permitted the party to mark the document by recording the objection, if any raised. The acceptance of the documents as evidence in the suit can be considered at the final stage of the suit. Hence, Ext.P8 order will stand set aside, directing the

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