Law:

Section:

(a) Punjab Pre-emption Act (I of 1913), Ss. 4 & 15(c), thirdly­ Sale partly in favour of khewat holders in estate and partly to strangers-Sale transaction divisible with reference to shares of several vendees-Principle recognised by High Court that if sale was divisible, vendees khewat-holders would retain their rights against khewat-holder pre-emptors-Test for divisibility(1) specifica­tion of shares of vendees and (2) proportionate contribution to sale price accepted by vendees' counsel Principle as well as test not challenged before Supreme Court-Conclusions arrived at in High Court not interfered with in appeal. (b) Civil Procedure Code (V of 1908), O. XIII, rr. 1 & 4 read with Evidence Act (I of 1872), S. 64-Objection as to formal proof of document must be taken at "earliest point of time"-Cannot be taken subsequently and "certainly not in appeal" - Document marked as an exhibit becomes admissible in evidence. The Code of Civil Procedure provides for the admission of documents and it is now well settled that if objection to the formal proof of a document has not been taken at the earliest point of time it cannot be taken subsequently and certainly not in appeal. The record of the case did not disclose that any objection was taken by the pre-emptors to the proof of a ruqqa (written by the vendor to the partition according to which shares of vendees were entered in the mutation) when it was produced in Court by the counsel for the vendees and marked as an exhibit. The document not having been objected to must be deemed to have been admitted and, as such, the trial Court was clearly wrong in excluding it from consideration on the ground that it had not been formally proved. The document having been marked as an exhibit without objection became admissible in evidence and was rightly taken into consideration by the High Court. There could be no doubt as to the genuineness or admissibility of this docu­ment, for, it was not disputed that it formed part of the mutation record and, indeed, was one of the documents upon which the mutation of sale was actually entered. Gopal Das v. Shri Thakurji A I R 1943 P C 83 eel. (c) Document-Alleged to be incorrectly…

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