- 1 - NC: 2025:KHC:9565 WP No. 4830 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 4830 OF 2025 (GM-CPC) BETWEEN: SMT KOMALA W/O PADMARAJU AGED ABOUT 42 YEARS R/AT. MAVINAHALLY VILLAGE KASABA HOBLI HASSAN TALUK & DISTRICT-573201. …PETITIONER (BY SRI. M B CHANDRA CHOODA, ADVOCATE FOR SRI. SHANTAKUMAR K C., ADVOCATE) AND: SRI G V NAGASHANKAR S/O G.V. VENKATCHALASHETTY AGED ABOUT 68 YEARS OWNER OF SRI MANGALA STEELS NO. 1650, HOSALINE ROAD HASSAN TALUK AND DISTRICT-573201. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED JUDGMENT AND ORDER DATED 15/11/2024 PASSED BY THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE AND CJM HASSAN IN OS NO. 385/2022 VIDE ANNEXURE-E AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9565 WP No. 4830 of 2025 CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioner-defendant challenging the order dated 15.11.2024 passed by the Principal Senior Civil Judge and CJM, Hassan, regarding marking of the suit document as secondary evidence in O.S.No.385/2022, whereby the Trial Court has permitted the plaintiff to lead secondary evidence. 2. The plaintiff filed the suit for relief of specific performance of contract dated 20.11.2024. During the pendency of the suit, the plaintiff has sought for marking the copies of suit documents as secondary evidence on the ground that he had lost his entire suit documents. The Trial Court by impugned order has permitted the plaintiff to lead secondary evidence. Being aggrieved by the said order, the present petition is filed. 3. The Apex Court in the case of Bipin Shantilal Panchal vs. State of Gujarat and another reported in - 3 - NC: 2025:KHC:9565 WP No. 4830 of 2025 (2001)3 SCC 1, has held that whenever any objection is raised during evidence stage regarding the admissibility of documents, the Trial Court can make a note of such objection and mark the objected document, subject to such objections to be decided in the final judgment. Such procedure can be adopted except if the objection relates to deficiency of stamp duty of a document, the Court has to decide the objection before proceeding further. Paragraph- 13 of the said decision is relevant and same is extracted hereunder: “13. When so recast, the practice which can be a better substitute is this: Whenever an objection is raised during evidence taking stage regarding the admissibility of any material or item of oral evidence the Trial Court can make a note of such objection and mark the objected document tentatively as an exhibit in the case (or record the objected part of the oral evidence) subject to such objections to be decided at the last stage in the final judgment. If the Court finds at the final stage that the objection so raised is sustainable the Judge or Magistrate can keep such evidence excluded from consideration. In our view there is no illegality in adopting such a course. However, we make it clear that if the objection relates to deficiency of stamp duty of a document the Court has to decide the objection before proceeding further. For all other objections the procedure suggested above can be followed. - 4 - NC: 2025:KHC:9565 WP No. 4830 of 2025 4. In view of the above, this Court is of the opinion that the Trial Court has adopted right approach to the real state of affairs. Viewed from any angle, there is no error or illegality in the order passed by the Trial Court. No good grounds are made out to exercise the supervisory jurisdiction vested under Article 227 of the Constitution of India. 5. Accordingly, the writ petition is dismissed. 6. However, it is made clear that the admission of the documents is subject to the proof and the parties can raise the objection at the stage of final arguments. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 25