Sure Ranga Murali Krishna Reddy vs Sure Yerri Vara Prasada Reddy on 22 June, 2018
Unfortunately, in
the absence of the counsel for the plaintiff, the matter was taken up and CC of
the unregistered partition deed was marked as exhibit B1; and, the matter was
adjourned for cross-examination of DW1. Thus, there was no opportunity for
the plaintiff for objecting to the marking of the said document at the time
when it was exhibited. The marking given does not amount to admission in
evidence. The plaintiff has a right to question the admissibility of the said
document at any stage of the suit, in view of the decision of this Court in
G.Sudhakara Reddy v. M.Pullaiah [reported in 2015(3) ALT 575]; and, a
decision of the Supreme Court in RVE Venkatachala Gounder v. Arulmigu
Visweswara Swamy [2006(3) ALT 66]. Further, Order 13 Rule 3 of the Code of
Civil Procedure, 1908, ('Code' for short), which deals with rejection of
irrelevant or inadmissible documents says that 'the Court may at any stage of
the suit reject any document, which it considers irrelevant or otherwise
inadmissible, after recording the grounds of such rejection.'