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IN THE HIGH COURT OF JUDICATURE AT PATNA
Arun Kumar Jha
Ram Briksha Singh – Appellant
Versus
Ramashray Singh, S/o Late Ramdeo Singh – Respondent
| Table of Content |
|---|
| 1. key factual background of the case. (Para 1 , 2) |
| 2. arguments regarding the admission of the sale deed. (Para 3 , 4) |
| 3. court's analysis of public documents under evidence act. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 4. final decision affirming the trial court's order. (Para 12 , 13) |
JUDGMENT :
Arun Kumar Jha, J.
The instant petition has been filed by the defendants/petitioners under Article 227 of the Constitution of India for quashing the order dated 02.08.2018 passed by the learned Munsif, Begusarai in Title Suit No. 69 of 1996 whereby and whereunder the prayer made by the plaintiffs to accept and mark as an exhibit a certified copy of sale deed was allowed.
2. Briefly stated, the facts, as it emerges from the record, are that the respondents as plaintiffs filed have Title Suit No. 69 of 1996 before the learned trial court seeking following reliefs:-
“(i) A decree of redemption with respect to the suit land be passed in favour of the plaintiffs treating the alleged sale-deed document dated 10.10.1984 a mortgage deed in favour of defendants with a finding that the plaintiffs have already paid the mortgaged money to the defendants.
(ii) An order or temporary injunction be pas
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.
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 ....
Admissibility of documents in court proceedings hinges on clear admissions in pleadings, validating secondary evidence despite objections regarding public or private document status under the Indian ....
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....
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....
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.
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