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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
MALASRI NANDI
Md Alimuddin S/o Late Darbej Ali – Appellant
Versus
Md Dalu Mia – Respondent
JUDGMENT :
MALASRI NANDI, J.
Heard Mr. J. Ahmed, learned counsel for the appellant. Also heard Ms. R. Choudhury, learned counsel for the respondents.
2. The appellant has preferred this second appeal u/s 100 of CPC, challenging the judgment and decree passed by the learned Civil Judge, Barpeta in Title Appeal No.08/2014 dated 16.05.2017, affirming the impugned judgment and decree passed by the learned Munsiff No.1, Barpeta in Title Suit No.325/2010 dated 13.12.2013.
3. The appeal was admitted on the following substantial question of law-
a) Whether the learned trial courts below erred in law in interpreting section 76 of the Indian Evidence Act by holding that the certified copy of the sale is inadmissible in evidence.
b) Whether the learned lower appellate court erred in law in not formulating points for determination as provided under Order XLI Rule 31 of the Code of Civil Procedure.
4. The appellant being plaintiff filed a title suit vide no. T.S. 325/2010 before the learned Court of Munsiff No.1, Barpeta stating that the plaintiff purchased 3 Bighas 2 Kathas 10 Lechas of land covered by Dag No.257, Periodic Patta No.40 vide Registered Sale Deed No.57/1996 dated 05.01.1996 from S
The court established that secondary evidence is inadmissible without a foundational explanation for the absence of primary evidence, emphasizing strict adherence to evidentiary rules.
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....
Will - Proof of documents by primary evidence.—Documents must be proved by primary evidence except When the original is shown or appears to be in the possession or power— of the person against whom t....
Suit for declaration – Unregistered document -Secondary Evidence – Admissibility of - Secondary evidence is an evidence which may be given in the absence of that better evidence which law requires to....
The main legal point established in the judgment is that the party seeking to admit secondary evidence must establish the non-production of the original document as required under the Indian Evidence....
Secondary evidence must be of a document which is admissible in evidence.
Photocopies of public documents are admissible as evidence if authenticated by testimony, mitigating previous rejections based on technical evidence rules.
The plaintiff must establish ownership through clear evidence; failure to present the original documents undermines claims, reinforcing the trial court's decision.
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