un marked document

queryking (Querist) 13 November 2009 This query is : Resolved
One document (which ought have been registered), the defendnat has produced the same before the court, as the plaintff raised his obejction, the document has not been marked, but while giving the judgment the court has relied on the document and gave verdict against the plaintff. whether court is having power to llok into the unmarked document and can rely on it? is there any citation reagrding the unmarked document cannot be lloked into?

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Raj Kumar Makkad (Expert) 13 November 2009
Unmarked documents can just be taken into consideration for establishing certain chain of the events and sue moto, it cannot be taken into consideration and no decision/judgment can be made as held in you case on such document.

Y V Vishweshwar Rao (Expert) 13 November 2009
I agree with Shri R K Makkad !

The Unamrked docuemtn is not part of the evidnecne on reocrd of the suit ! it can not be taken in to cosnideration for decision of the case !

niranjan (Expert) 13 November 2009
You have good ground to challenge in appeal as only exhibited documents are to be taken into consideration.

Kiran Kumar (Expert) 13 November 2009
i do endorse the above opinions.

for this error u need not to rely upon judgments in this context.

Sachin Bhatia (Expert) 13 November 2009
Unmarked documents cannot be taken into consideration and no decision/judgment can be made only on those documents.