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WHAT PROCEDURE TO BE ADOPTED WHEN THERE IS OBJECTIONS TO MARKING OF DOCUMENT

Justice Abdul Nazeer, in the case of Smt. Malliga Paneer Selvam vs Sri Raja Sathyanarayana Shetty ILR 2007 KAR 2786, 2007 (5) KarLJ 222 Therefore, the proper procedure to be followed by the Courts after the amendment of the code of Civil Procedure would be as under:
(a) When the case is posted for evidence, the examination-in-chief of a witness shall be on affidavit unless ordered otherwise;
(b) When the affidavit is sought to be filed on the date the case is posted for evidence, the Court should insist mat the witness whose affidavit is sought to be filed enters the witness box, takes oath and thereafter he/she shall hand over the affidavit containing his/her examination-in-chief to the Court In other words, the Court should not receive the affidavit containing the examination-in-chief of a witness by his/her Counsel, thus preventing the possibility of the witness disowning such affidavit;
(c) After the affidavit is received through the witness, the Court shall call upon the witness whether he/she has any documentary evidence to tender and if the witness tenders any documentary evidence, the same shall be received by the Court subject to objection raised by title opposite party;
(d) If objections are raised, the Court should judicially determine the question whether it can be admitted in evidence or not, then and there if the objection relates to insufficiency of stamp duty. If the objection is on any other ground, the Court shall follow the procedure laid down in the case of K. Anjaneya Setty v. K.H. Ranganath Setty AIR 2002 Kant 387, ILR 2002 KAR 3613, 2002 (4) KarLJ 551;
(e) If the Court decides to admit the document, then it shall follow the procedure prescribed under Order XIII Rule 4(1) CPC and mark the document.

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