Whether court should decide admissibility of documents when trial is in progress?

 In our opinion the High Court should not have
interfered at the stage when the trial was still in progress.
Therefore, we set aside the impugned order passed by the High
Court without going into the merits of the case. We say that
the admissibility, reliability and registrability of the
documents shall be considered independently only at the time
of hearing of the trial and not prior thereto. All
questions with regard to the aforesaid issues shall remain
open.
Non-Reportable
IN THE SUPREME COURT OF INDIA
 CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS.6841-6842 OF 2008
 K. Mallesh 
 VS.
K. Narender and Ors. 
Citation;(2016)1SCC670
Anil R. Dave, J.

1. Upon hearing the learned counsel for the parties and
upon perusal of the impugned order, we find that the said
order passed at an interlocutory stage, during the pendency
of the suit. The question is with regard to the
admissibility of two documents.
2. In our opinion the High Court should not have
interfered at the stage when the trial was still in progress.
Therefore, we set aside the impugned order passed by the High
Court without going into the merits of the case. We say that
the admissibility, reliability and registrability of the
documents shall be considered independently only at the time
of hearing of the trial and not prior thereto. All
questions with regard to the aforesaid issues shall remain
open.
3. The appeals are disposed of as allowed.
4. No order as to costs.

 .................J.
[ANIL R. DAVE]
..................J.
[ADARSH KUMAR GOEL]
New Delhi;
15th October, 2015.

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