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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
AJIT B.KADETHANKAR
Prop. Ganga Ginning and Pressing Factory, Owner - Vaibhav s/o. Chandrakant Kotalwar – Appellant
Versus
Nandu S/o. Gangaram Wadje – Respondent
| Table of Content |
|---|
| 1. writ challenges refusal to mark sale deed exhibits. (Para 1 , 2) |
| 2. admission of execution despite denying contents. (Para 3) |
| 3. title transferred via registered sale deeds chain. (Para 4 , 5 , 6 , 7 , 8) |
JUDGMENT :
AJIT B.KADETHANKAR, J.
Heard. Rule. Rule made returnable forthwith. With the consent of learned counsel for the parties, the petition is heard for final disposal.
2. Subject-matter :-
Refusal of the Trial Court to mark Exhibit to vital documents in the Suit constrained the Petitioner to file present Writ Petition. Vide Order dated 05.04.2023 in Regular Civil Suit No. 41 of 2012, the learned Civil Judge (J.D.) Loha Dist. Nanded rejected the petitioner/plaintiff’s application that was filed requesting to mark identification number to two sale deeds which are crucial in the Suit.
3. Moot point: Facts of the case and the reasoning rendered by the Trial Court calls for adjudication on following points:-
(1) What if execution of a registered sale deed is admitted, but contents & object is denied;
(2) Evidentiary value of a document given identification number in a Suit; and
(3) The appropriate stage to give identification to a document in a Suit.
4. Facts in brief:
4.1
Admission of execution of registered sale deed, despite denial of contents as loan security, requires court to mark it as exhibit; proof of contents separate; trial court erred in refusal.
A certified copy of a registered sale deed is deemed a public document under Section 74(2) of the Indian Evidence Act and admissible in evidence as secondary evidence of the public record, according ....
A certified copy of a registered sale deed is classified as a public document and admissible as secondary evidence without formal proof under relevant provisions of the Evidence Act.
Unregistered sale deeds cannot be admitted as evidence to establish rights due to statutory inadmissibility, even if previously marked as evidence under objection.
The court ruled that while a certified copy of a sale deed is admissible as secondary evidence, it does not suffice to prove the execution of the deed, which must demonstrate intention and legal vali....
Certified copies of registered deeds are admissible in evidence under the Indian Evidence Act and should be tentatively marked as exhibits without requiring the registering authority's presence for p....
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