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AJOY KUMAR MUKHERJEE
Shanti Sinha – Appellant
Versus
Sanjay Kumar Show – Respondent
JUDGMENT :
(Ajoy Kumar Mukherjee, J.)
1. This application under Article 227 of the constitution of India has been assailed against order no. 32 dated 06.10.2018 passed by learned Judge 8th Bench, City Civil Court, Calcutta in Title Suit no. 692 of 2014. Petitioners case in a nutshell is that petitioners as plaintiffs have instituted aforesaid suit against the defendants/opposite parties herein with a prayer for declaration, injunction and for other consequential relief. On receipt of summon of the said suit, the defendants/opposite parties entered appearance and filed their written statements denying material allegations made in the plaint which includes the statement that the defendant no. 2 to 3 and defendant no. 6 on suppression of material facts or by practicing fraud upon the registering authority, somehow have managed to get impugned deeds of conveyance dated 20.12.2008 without complying with any of the requisite formalities.
2. On the date of peremptory hearing, the plaintiffs tendered their examination-in-chief on affidavit under the provision of order XVIII Rule 4 of the code of the Civil Procedure (in short “code”) and at the same time duly tendered certain documents for adm
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....
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 ....
The admissibility of certified copies of public documents does not equate to proof of the truth of their contents; such truth must be established through oral evidence.
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....
Judgments not inter partes can be admissible to show rights in property disputes under the Indian Evidence Act, aiding in establishing asserted ownership despite objections based on inadmissibility.
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