Mr. Yousuf Ali Khan (Died Per Lrs) 2 To 9 v. Alam Himmati

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CIVIL REVISION PETITION No.5771 of 2017 ORDER :

This Civil Revision Petition is filed by the petitioners/ plaintiffs, aggrieved by the order dated 04.10.2017 in I.A.No.427 of 2017 in O.S.No.93 of 1996 passed by the Additional Judge-cum-VI Senior Civil Judge, City Small Causes Court, Hyderabad.

Heard the learned counsel for the petitioners before admission and perused the impugned order and the grounds urged in the petition.

The mere fact that a document not referred in the written statement, that is not be all and end all, to say that the document cannot be received by the Court despite the very wording of Order VIII Rule 1-A C.P.C. amended speaks with the leave of the Court, if not filed with the written statement, the document can be filed. Thus, filing of document to receive is different from any objection for marking, that too, for receiving. It is not the case that it is a sheer subsequent forged document. Thus, any objection is left open of the document already received while marking to raise and even it is marked from the above contentions, by virtue of this order, the marking of the

documents to be treated as subject to objection on admissibility, proof and relevancy for not a case of falling either under Section 65-B of the amended Indian Evidence Act or requires stamp duty or registration to decide instantaneously as per the recent expression of this Court in Vikram Singh @ Vicky Walia Vs. St at e of Punj ab1 Accordingly, the Civil Revision Petition is disposed of. Consequently, miscellaneous petitions pending, if any, shall stand dismissed.

_________________________ Dr. B. SIVA SANKARA RAO, J Date:01-11-2017 pab 1 (2017) 8 SCC 518