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Introduction: Every Court of law is free to regulate its own affairs within the
framework of law. There are catena of rulings of our Hon’ble Superior Courts as to
receiving and marking of documents. Still, in some situations, some confusion arises
while receiving and marking of documents.
There are several issues are involved while receiving and marking of documents.
Whether an unregistered document can be marked or not?
Whether an unregistered document can be received for collateral purpose or not? When
the question of impounding arises ? If a document is insufficiently
stamped, what should be done? If an Vakil raises any objection while marking
a document, how a judicial officer should tackle it? When should decide the
question of admissibility of a document? There are several doubts usually crept in the
mind of young judicial officers while admission of a document in a civil case. It is my
strenuous attempt to give some important case-law on this subject for the benefit of all
legal fraternity more in particular for the benefit of judicial officers who are dealing
with civil cases.
2. Under Order VIII Rule 1A(4) a document not produced by defendant can be
confronted to the plaintiff’s witness during cross-examination. Similarly, the
plaintiff can also confront the defendant’s witness with a document during cross-
examination.
4. Order-7 Rule-14(1) C.P.C. enjoins upon the plaintiff to file all his documents
along with the plaint and that unless he puts forth convincing reasons, the
Court cannot allow him to file the documents at a later stage, the same is
unexceptionable.
5. Similar is the provision under the sub-clause (3) of Rule 1 of Order XIII of
the Code. Being so, it cannot be disputed that if the plaintiff fails to mention
the documents in the list annexed to the plaint and to place on record a copy
of such document, which is required to be produced under the law at the time
of filing of the plaint, the plaintiff is not entitled to produce any additional
document thereafter without the leave of the Court. But, at the same time, it is
also to be noted that nothing prevents the Court in its discretion to grant
leave subsequent to the documents being produced before the Court even
though such documents were not entered in the list annexed to the plaint. It
would depend upon the facts of each case.
6. A document filed under Order XIII, Rule 1 as a piece of evidence in support
of the claim of one of the parties to the suit filed along with the pleading may
eventually be proved or may not be proved by the concerned party depending upon the
issues involved in the suit .
7. Order 13, Rule 1 deals with only reception of the documents by the Court as
part of the record of the suit. It does not deal with reception of the document
as a piece of evidence. Rule 13 deals with a stage prior to the reception of the
evidence in the suit. Whereas Order 7, Rule 14 deals with different situation
altogether.
10. There are three stages for every document before it is proved or
disproved:- Any document filed by either party passes through three stages
before it is held proved or disproved. These are :
a) First stage :-when the documents are filed by either party in the Court;
these documents though on file, do not become part of the judicial record;
b) Second stage:- when the documents are tendered or produced in evidence
by a party and the Court admits the documents in evidence. A document
admitted in evidence becomes a part of the judicial record of the case and
constitutes evidence.
c) Third stage:- the documents which are held ‘proved, not proved or
disproved’ when the Court is called upon to apply its judicial mind by
reference to Section of 3 of the Evidence Act. Usually this stage arrives 31 the
final hearing of the suit or proceeding. See. Sudir Engineering Company vs
Nitco Roadways Ltd., 1995 IIAD Delhi 189.
I till now discussed the fundamental principles relating of receiving
of documents in a suit. A word about principles relating of proof, admissibility
and genuineness of documents would not be out place. For more clarity, I
also mention herewith the relevant case -law besides the principle of law relating to
receiving, marking, admissibility, proof, relevancy and genuineness of documents.
Mere receiving of a document does not entail any adjudication as to its admissibility or
proof. 2004 (6) ALT 418 Setti Siddamma Vs. S. Ramulu
A contract of sale does not of itself create any interest in, or charge on, the
property. This is expressly declared in Section 54 of the Transfer of Property
Act. See Rambaran Prosad v. Ram Mohit Hazra,[1967]1 SCR 293.
10. Mere admission of signature/and denial of its contents does not amount
to admission of such document unless the contents of such document have
sale probative value
AIR 1983 SC 684State of Bihar Vs Radha Krishna Singh
11. Mere admission of document by itself does not automatically prove its
contents as its probative value is altogether different.
J.Yashoda Vs K. Shoba Rani
2007(3) SCJ 825
14. Stamp duty on possessory contract of sale (Sec Article 47-A of schedule I
-A of stamp Act)
15. Mere marking of document does not dispense with its proof
Sait Taraji Khimechand Vs Yelamarti Satvam
The mere marking of an exhibit does not dispense with proof of documents
22. Indian Stamp Act is a fiscal statute in nature. Hameed Joharan (D) And
Ors vs Abdul Salam (D) By Lrs. And Ors, 2001 (7) SCC 573
24. When a document is sent for impounding, RDO cannot take different
view.Purini Krishnaiah vs Nuvvuru Venkata Ramanaiah
AIR 2005 AP 504, 2005 (5) ALD 151, 2005 (6) ALT 202
Held: – Whatever may be the power of the jurisdiction of the RDO under the
Indian Stamp Act, while dealing with the document, which came to be
presented before him under Section 33 once a document was referred to him
by a Court, he cannot take the view that the document does not require any
impounding, or collection of deficit Court fee, at all. Such a course would amount to
sitting in appeal, against the order of the Court, which has sent the
document.
25. Collection of stamp duty together with penalty
Chintalapudi Annapurnamma vs Andukuri Punnayya Sastry 2000 (3) ALD
649, 2000 (3) ALT 159
“If an application is made before a Court for sending a document to the
Revenue Divisional Officer for collection of stamp duty, is the Court bound to
do so or is the Court free to impound the document itself and admit the
document on collection of stamp duty together with penalty.”