Sanwarmal Modi vs Shyamsundar Modi And Others .... ...
2025 Latest Caselaw 6602 Ori

Orissa High Court

Sanwarmal Modi vs Shyamsundar Modi And Others .... ... on 3 April, 2025

Author: Savitri Ratho

Bench: Savitri Ratho

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 CMP No.484 of 2025

       Sanwarmal Modi                                          ....            Petitioner
                                       Mr.Bibhuti Bhusan Mishra, Advocate
                                   -versus-
       Shyamsundar Modi and others                  .... Opposite Parties

                   CORAM:
                       HON'BLE MS. JUSTICE SAVITRI RATHO
                                     ORDER

Order No.                           03.04.2025
01.                              (Through Hybrid mode)

1. This CMP has been filed challenging the order dated 19.12.2024

passed by the leaned 2nd Addl. Civil Judge (Senior Division), Cuttack in T.S.

No.225/1985 (Final Decree) rejecting the application of the petitioner dated

18.09.2024 to mark the coloured photographs filed by the plaintiff as

exhibits.

2. Mr.Bibhuti Bhusan Mishra, learned counsel for the petitioner

referring to the decision of the Supreme Court in the case of Bipin Shantilal

Panchal v. State of Gujarat : AIR 2001 SC 1158, submits that the Court has

held that whenever an objection is raised during evidence taking stage

regarding the admissibility of any material, the Court can make a note of such

objection and mark the objected document tentatively as an exhibit (or record

the objected part of the oral evidence) subject to such objections to be decided at

the last stage of the final judgment, so that time is not wasted on account of

raising such objection and the court can continue to examine the witnesses and

that objection regarding deficiency of stamp duty of a document has to be

decided before proceeding further. He also submits that the Amin

Commissioner, C.W.1 has admitted those photographs for which rejection of the

prayer of the petitioner to mark the photographs as exhibits is illegal and

erroneous.

3. Issue notice to the opposite parties on the question of admission by Speed

Post with returnable within two weeks. Requisites for issuance of notice shall be

filed by 07.04.2025 as undertaken. It shall be indicated in the notice that the

matter shall be disposed of at the stage of admission.

4. List this matter on 25.04.2025.

(Savitri Ratho) Judge Bichi

Signed by: BICHITRANANDA SAHOO