📱

Get Our Mobile App

Take your business learning on the go!

Download on the App StoreGet it on Google Play

How can a marked document be exhibited as an evidence - Justice Mandhata Seetharama Murti

Beyond Law CLCc3:35

Transcription

document be treated as an exhibit by the trial court, then we we must go to order 13. Order 13, sir.

See, when once a document is produced in evidence, say for example, a plaintiff gets into box and files a a a promissory note or a title deed, then it is admissible. It is also relevant. Proof is different. Mere marking is not proof. Then this says this suit promissory note is exhibit A1. Are the suits held it relating to suit schedule property is exhibit A1. Then an endorsement will be made on the document. The endorsement will be as per order 13, rule 4.

Subject to the providence of the next following sub rule, there shall be endorsed on every document which has been admitted in evidence in the suit in the following particulars, namely, the number and title of the suit, the name of the person producing the document, the date on which it was produced, and a statement of its having been so admitted. And the endorsement shall be signed and initialed by the judge. Once that particular rubber stamp is put and the columns in that unfilled columns are filled by the bench clerk and the judge initials the documents, the marking is complete. In the IEF lock, the marking is complete. In the ayah of law, there a document so admitted is an entry in a book account or record and a copy thereof has been submitted for the original under the next following rule. The particulars of a foreshad a force that shall be endorsed on the copy and the endorsement thereon shall be signed and initially by the judge.

Supposing the original is a voluminous document like a revenue record is brought. It relates to 100 survey numbers but only one survey number is in question in the suit. The entire revenue record need not be kept in the code. The relevant page after comparison of the original with the photocopy can be taken and the photo copy can be marked. The judge will make an endorsement that the photocopy is compared with the original. Original will be returned to the witness. The photocopy will be marked. Unless there are interpolations in the original record, the original record will not be returned. In report, it will be returned because it is really needed by the revenue authorities for day-to-day maintenance.

Similarly, a banker's book account book. It may contain entries of several customers. One page is relevant for the issue. That will be taken and will be marked. Photocopy will be marked and the original will be returned saying that the copy marked is compared with the original.

Similarly, a witness's identity is in doubt. Then he produces regularly required for him at several places. Similarly, he produces a driving license to prove his identity. Then a copy will be taken. Copy will be returned in the court and will be marked as an exhibit. The virginal will be returned to the witness. That is how in some cases copy will be marked with an endorsement. In all other cases, original will be marked with an endorsement. When the endorsement is made in the fourth hall and the endorsement is signed by the judge, the