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ARUN KUMAR JHA
Radhe Yadav – Appellant
Versus
Prabhas Yadav – Respondent
Arun Kumar Jha, J.—The present civil misc. petition has been filed by the petitioner under Article 227 of the Constitution of India for quashing the order dated 02.03.2017 passed by the learned Munsif-I, Munger in Misc. Case No. 05 of 2016 rejecting the petition dated 21.05.2016 filed by the petitioner for review of the order dated 22.04.2016 passed in Title Suit No. 23 of 2011 and also for quashing the order dated 22.04.2016 passed in Title Suit No. 23 of 2011 whereby and whereunder the petitioner was debarred from cross-examining the witness Prabhas Yadav, the respondent herein, on the point of contents of document.
2. Briefly stated, the facts leading to filing of the present petitioner, as it appears from the record, are that the petitioner has filed Title Suit No. 23 of 2011 for declaration of the title of the plaintiff on the suit land and for confirmation of possession over the said property apart from recovery of possession in case the plaintiff was dispossessed during pendency of the suit and also for permanent injunction against the defendant. After service of notice, the respondent, who is defendant before the learned trial court, appeared and filed his written statement.
The main legal point established in the judgment is the application of the best evidence principle and the exclusion of oral evidence for proving the contents of documents under Sec. 91 and 92 of the....
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.
The court affirmed that oral evidence contradicting written agreements is inadmissible, and the Plaintiff’s Suit was barred by limitation due to the absence of supporting evidence for claimed oral ag....
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