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NUPUR BHATI
Triveni Brokers, through its Partner Chhagan Lal son of Hanja Ram – Appellant
Versus
Hira Ram Hansa Ram – Respondent
| Table of Content |
|---|
| 1. court addresses joint request for hearing. (Para 1 , 2) |
| 2. plaintiff filed suit and raised preliminary objections. (Para 3 , 4) |
| 3. lower court dismissed certain applications. (Para 5 , 6) |
| 4. arguments on admissibility of secondary evidence. (Para 10 , 11 , 12) |
| 5. court affirms cause of action through examination of the plaint. (Para 14 , 16) |
| 6. court determines unsustainable claims by petitioner. (Para 20 , 26 , 30) |
ORDER :
[Civil Writ Petition No. 2222/2024]
1. Though the matters were listed in the ‘Fresh’ Category, however, on joint request of the counsel for the parties, the matters are heard today itself.
2. The Writ Petition has been filed under Articles 226 and 227 of the Constitution of India with the following prayers:-
A. It is therefore most respectfully prayed that this writ petition may kindly be allowed:-
B. By an appropriate writ, order or direction order may kindly issued and quashed the impugned order dated 09.01.2024 (Annexure-8) passed by learned Commercial Court No.2 Jodhpur in Commercial Suit N
Secondary evidence is admissible under Section 65 of the Evidence Act when original documents are not available, and a plaint disclosing a cause of action must be read in its entirety.
The main legal point established is the interpretation and application of Section 65 and Section 66 of the Indian Evidence Act 1872 in allowing secondary evidence and the circumstances under which no....
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 can only be admitted when original documents are unavailable, and prior notice to produce such documents must comply with Section 66 of the Evidence Act.
The court upheld the Trial Court's decision on the admissibility of secondary evidence and the valuation of the suit, emphasizing the burden of proof lies with the petitioner.
(1) After Order XI Rule 1 has been amended with respect to suits before commercial courts and a specific provision/procedure has been prescribed with respect to suits before commercial division and b....
Order XI Rule 1(7) of CPC, as applicable to commercial disputes, casts an obligation on defendant to file all documents in its power, possession, control or custody.
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