K. Mallesh Vs. K. Narender and Ors. .
EmailAppeal: CIVIL APPEAL NOS.6841-6842 OF 2008
Petitioner: K. Mallesh
Respondent: K. Narender and Ors. .
Judges: ANIL R. DAVE , ADARSH KUMAR GOEL
Date of Judgment: Oct 15, 2015
JUDGEMENT:
Non-Reportable CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS.6841-6842 OF 2008
K. Mallesh … APPELLANT(S)
VS.
K. Narender and Ors. … RESPONDENT(S)
J U D G M E N T
Anil R. Dave, J.
1. Upon hearing the learned counsel for the parties and upon perusal of the impugned order, we find that the said order passed at an interlocutory stage, during the pendency of the suit. The question is with regard to the admissibility of two documents. 2. In our opinion the High Court should not have interfered at the stage when the trial was still in progress. Therefore, we set aside the impugned order passed by the High Court without going into the merits of the case. We say that the admissibility, reliability and registrability of the documents shall be considered independently only at the time of hearing of the trial and not prior thereto. All questions with regard to the aforesaid issues shall remain open. 3. The appeals are disposed of as allowed. 4. No order as to costs.
……………..J. [ANIL R. DAVE]
………………J. [ADARSH KUMAR GOEL] New Delhi; 15th October, 2015.
CIVIL APPEAL NOS.6841-6842 OF 2008
K. Mallesh … APPELLANT(S)
VS.
K. Narender and Ors. … RESPONDENT(S)
J U D G M E N T
Anil R. Dave, J.
1. Upon hearing the learned counsel for the parties and upon perusal of the impugned order, we find that the said order passed at an interlocutory stage, during the pendency of the suit. The question is with regard to the admissibility of two documents. 2. In our opinion the High Court should not have interfered at the stage when the trial was still in progress. Therefore, we set aside the impugned order passed by the High Court without going into the merits of the case. We say that the admissibility, reliability and registrability of the documents shall be considered independently only at the time of hearing of the trial and not prior thereto. All questions with regard to the aforesaid issues shall remain open. 3. The appeals are disposed of as allowed. 4. No order as to costs.
……………..J. [ANIL R. DAVE]
………………J. [ADARSH KUMAR GOEL] New Delhi; 15th October, 2015.
