LAW FOR ALL

the documents in question were marked through D.W.1 on 23.10.2009 without any objection from the respondent-plaintiff and hence the said documents were admitted in evidence. When once the documents were so marked, it is not permissible for the same Court to impound the said documents as per the provisions of Section 36 of the Indian Stamp Act (for brevity "the Act"). ? Whenever documents are admitted in evidence, the procedure prescribed under Order 13 Rule 4 C.P.C. has to be followed. The said provision postulates that on every document admitted in evidence, particulars, viz., the number and title of the suit, name of the person producing the document, the date on which it was produced, and a statement of its having been so admitted shall be mentioned and the endorsement shall be signed or initialled by the Judge. Therefore, one of the essential requirements under the said provision is that the document should contain a specific statement that it has been admitted in evidence and the endorsement shall be signed or initialled by the Judge.- though the documents were marked as above, it cannot be said that the Court had applied the judicial mind and admitted the documents in evidence. Further, even before conclusion of the evidence on behalf of the petitioners-defendants, an objection as to the admissibility of the documents was taken by the respondent-plaintiff.