Objections To Admissibility Of Secondary Evidence Can Be Decided At Judgment Stage, Piecemeal Trial At Pre-Argument Stage Not Necessary
Case: Babita Satpathy @ Mishra v. Sitanshu Kumar Dash & Ors.
Coram: Justice Krushna Ram Mohapatra
Case No.: CMP No. 530 of 2022
Court Observation: “It appears that the objection with regard to mode of admission of the document was raised, which is marked as exhibits by filing the instant petition. Since the learned trial Court has kept the objection open to be decided at the time of argument no prejudice will be caused to the Petitioners. Further, once a document has been exhibited with objection the same cannot be expunged from the evidence of the party unless circumstances thereto are established.”
“It depends upon facts and circumstances of each case. But, ordinarily, dealing with the objections to the admissibility of a document at any stage before argument may lead to piecemeal trial, which is deprecated in the case of Bipin Shantilal Panchal. It is held therein that such practices, when realised through the course of long period to be hindrances which impede steady and swift progress of trial proceedings, must be recast or remoulded to give way for better substitutes which would help acceleration of trial proceedings. The objection raised by the Petitioners can also be considered in the final judgment itself, if raised at the stage of argument of the suit.”
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Keywords
Admissibility Of Secondary Evidence, Judgment Stage
