1 SB Civil Writ Petition No.7164/2008 Roop Chand. vs. Rawat Mal. S.B. Civil Writ Petition No.7164/2008 Roop Chand. vs. Rawat Mal. Date : 13.1.2009 HON'BLE MR. PRAKASH TATIA, J. Mr.Akhilesh Rajpurohit, for the petitioner. Mr.Vijay Purohit, for the respondent. - - - - - Heard learned counsel for the parties. The petitioner/defendant is aggrieved against the order of the trial court dated 1.9.2008 by which his application raising objection against filing of documents by the respondent/plaintiff has been rejected. According to learned counsel for the petitioner/defendant, the documents have not been filed with the prior leave of the trial court and the trial court has not decided the question of admissibility of the documents which the trial court should have decided at this stage. The trial 2 SB Civil Writ Petition No.7164/2008 Roop Chand. vs. Rawat Mal. court observed that the question of admissibility of the documents will be decided after the evidence of the parties and even at the time of final decision of the suit. According to learned counsel for the petitioner, the order of the trial court is just contrary to the law laid down by this Court in the case of Jagdish Prasad vs. Hanuman Das & Ors. reported in 2008 (3) DNJ (Raj.) 1245. So far as the first contention of learned counsel for the petitioner that the documents have been submitted without prior permission of the court, therefore, could not have been taken on record, deserves to be rejected as the documents were filed before framing of the issues. So far as the admissibility of the documents are concerned, they cannot be decided in this manner by way of application by raising objection before the documents are tendered in evidence. Admissibility of the documents can be examined when the documents are tendered in evidence. Since in view of the amendment of Civil Procedure Code, exhibits are put in the statement by the parties 3 SB Civil Writ Petition No.7164/2008 Roop Chand. vs. Rawat Mal. in their affidavits and they are marked on the documents, therefore, the petitioner will have his right to object the admissibility of the document in evidence at the time of cross examination. In the present case, the evidence has not started, therefore, the petitioner will be free to raise this objection at the time of cross examination, upon which the trial court may decide the objection of the petitioner in accordance with law without deferring the matter for decision till the decision of the suit. With the aforesaid observations, this writ petition is disposed of. (PRAKASH TATIA), J. S.Phophaliya