It is found that the petitioners, who are the plaintiffs 2 and 3, in support of their case have examined P.W.1, who is the second plaintiff. It is further found that during the course of cross-examination of P.W.1, certain documents have been marked by the defendants as Exs.B1 to B7. Now, according to the petitioners, inasmuch as the documents marked as Exs.B3 to B7 are noway connected with them and the same could not be marked through P.W.1, they preferred an application on the above grounds to reject the above said documents. The said application was resisted by the defendants contending that inasmuch as no objection was put forth on the side of the petitioners at the time of marking the concerned documents and as the same had also been admitted by P.W.1, the said documents have come to be marked and hence, the petitioners, at this stage of the matter, cannot seek to reject the documents already marked and hence, the application is liable to be dismissed.
2. The Court below, on a consideration of the rival contentions put forth by the respective parties, finding that the documents in question have come to be marked during the course of cross-examination, as having been admitted by P.W.1 at that stage of the matter, found that the documents in question at this point of time cannot be rejected and if at all, according to the petitioners they are noway concerned with the said documents and as such they are disputing the said documents, it is always open to them to elicit requisite evidence during the course of re-examination and in such view of the matter, the Trial Court has dismissed the application.
3. As rightly determined by the Court below, when the documents have already come to be marked during the course of cross-examination, as the said documents have been admitted by P.W.1 and even no objection was put forth at the time of marking of the said documents, in my considered opinion, later, the petitioners cannot be allowed to seek for the rejection of the said documents. If at all, according to the petitioners, they are noway concerned with the said documents, as rightly determined by the Court below, it is always open to them to let in evidence with reference to the same during the course of re-examination. In such view of the matter, the impugned order of the Court below does not call for any interference from this Court.
4. Resultantly, the civil revision petition is dismissed. Consequently, connected miscellaneous petition is closed.
To:
The District Munsif, Devakottai.
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