THE HON’BLE SRI JUSTICE K.C.BHANU C.R.P.NO.3144 OF 2009 Date:18.12.2009 Between: K. Tirupathi ….. Petitioner/Defendant And: Itha Sudhakar …..Respondent/Plaintiff THE HON’BLE SRI JUSTICE K.C.BHANU C.R.P.NO.3144 OF 2009 ORDER: This revision petition is filed under Article 227 of the Constitution of India against the order dated 22.06.2009 in O.S.No.30 of 2007 on the file of Senior Civil Judge, Huzurabad whereunder and whereby a document dated 18.02.2004 was marked as Ex.A-1 as if a receipt and so it is admissible under evidence. Inspite of service of notice on the respondent, none appeared for the respondent. The petitioner herein took an objection for marking of the document on the ground that the document does not come under the purview of bond, receipt, acknowledgement or promissory note. The trial court held that objection is unsustainable since the nomenclature of the document can be assessed on examining the document is pith and substance as receipt and so is admissible in evidence. The trial court instead of giving a finding ought to have left open the admissibility, or relevancy of the document to a later point of time. Hence the observations of the trial court that the document is a receipt and it is admissible in evidence is set aside and it is left open to both the parties to raise any objection with regard to the document dated 18.02.2004 and the same has to be decided at the time of judgment. The Civil Revision Petition is accordingly allowed. There shall be no order as to costs. _______________ K.C.BHANU,J. Date:18.12.2009. Gk. THE HON’BLE SRI JUSTICE K.C.BHANU C.R.P.NO.3144 OF 2009 Date:18.12.2009. Gk.