Published on: November 24, 2023 at 18:10 IST
Court: High Court of Delhi
Citation: Sudir Engineering Company V. Nitco Roadways Ltd. (1995)
Hon’ble High Court of Delhi has held that endorsement of the document is an essential procedure which must be done at earliest stage. It is held that marking of a document as an exhibit is only for the purpose of identification and absence of putting an endorsement for the purpose of identification no sooner a document is placed before a witness would cause serious confusion as one would be left simply guessing or wondering while was the document to which the witness was referring to which deposing. It is held that endorsement of an exhibit number on a document has no relation with its proof.
14. When the Court is called upon to examine the admissibility of a document it concentrates only on the document. When called upon to form a judicial opinion whether a document has been proved, disproved or not proved the Court would look not at the document alone or only at the statement of the witness standing in the box; it would take into consideration probabilities of the case as emerging from the whole record. It could not have been intendment of any law, rule or practice direction to expect the Court applying its judicial mind to the entire record of the case, each time a document was placed before it for being exhibited and form an opinion if it was proved before marking it as an exhibit.
Drafted By Abhijit Mishra
