Smt. Sudha Sahu vs Ravindra Sahu
2021 Latest Caselaw 9067 MP

                                                                          1                               MP-4571-2021
                                                 The High Court Of Madhya Pradesh
                                                           MP No. 4571 of 2021

(SMT. SUDHA SAHU AND OTHERS Vs RAVINDRA SAHU AND OTHERS)

Jabalpur, Dated : 21-12-2021 Shri Ankit Saxena, learned counsel for the petitioners.

Petitioners have assailed impugned order dated 04.12.2021 passed by the learned 22nd District Judge, Bhopal in Regular Civil Suit No.72-A/2012 (Smt, Sudha Sahu and Others Vs. Ravindra Sahu and Others) on the ground that learned Court below has allowed unregistered family partition to be taken

on record which was part of the Annexure of a registered Power of Attorney dated 11.11.2009 which was summoned from the Office of Sub-Registrar, Bhopal.

It is submitted that even if that document is allowed to be taken on record, party placing reliance on said document will be required to prove it before any exhibit can be marked on it.

I have heard learned counsel for the petitioners and gone through the record.

In terms of the law laid down in the case of Baldeo Sahai Vs. Ram

Chander & Ors., AIR 1931 Lahore 546 , wherein it is held:- "The practice of putting the seal on the documents immediately on their production and there by exhibiting them prevailed in this province previously, but has been stopped under the orders of this Court. There are two stages relating to documents. One is the stage when all the documents on which the parties rely are filed by them in Court. The next stage is when the documents are proved and formally tendered in evidence :- it is at this later stage that the Court has to decide whether they should be admitted or rejected. If they are admitted and proved then the seal of the Court is put on them giving certain details laid down by law, otherwise the documents are resumed to the party who produced them with an endorsement thereon to that effect."

This legal proposition is supported by judgment Sait Taraji Khimchand and Others Vs. Yelamarti Satvam Alias Satteyya and Signature Not Verified SAN

Digitally signed by MOHD TABISH KHAN Date: 2021.12.22 19:03:10 IST 2 MP-4571-2021 Others, AIR 1971 SC 1865, wherein the law which was laid down by the Supreme Court is that the mere marking of an exhibit does not dispense with the proof of documents.

Accordingly, this petition is disposed of with direction that merely taking of the document on record will not allow the parties to mark exhibit

unless it is proved in accordance with law.

In above terms, petition is disposed of.

Certified copy as per rules.

(VIVEK AGARWAL) JUDGE

Tabish

Signature Not Verified SAN

Digitally signed by MOHD TABISH KHAN Date: 2021.12.22 19:03:10 IST