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NUPUR BHATI
Sultana W/o Late Taj Mohammed – Appellant
Versus
Murli Manohar Paliwal S/o Late Ram Chandra – Respondent
ORDER :
1. By way of filing the present petition under Article 227 of Constitution of India, the petitioners have challenged the order dated 03.10.2023 passed by Learned Additional District Judge No. 7, Jodhpur Metropolitan. Petitioners have also prayed that the applications filed by the respondents-plaintiffs may kindly be rejected and the Learned Court below may be restrained from taking the documents produced by respondents-plaintiffs on record as admissible in evidence and mark them as exhibits.
2. Brief facts of the case are that the respondents-plaintiffs filed a petition for recovery of possession, declaration, mesne-profit and permanent injunction against the petitioners-defendants while stating that the petitioners are the encroachers over a part of the property, Plot No. 455 admeasuring 556.11 square yard situated at Pal Link Road, Jodhpur. The said property had been allotted to Late Shri Ramchandra (father of the respondent/plaintiff No. 1) and respondent/plaintiff No. 1 by Urban Improvement Trust, Jodhpur on 07.10.1970 and thereafter a license in respect of which was issued in the name of the father of the respondent-plaintiff and respondent-plaintiff No. 1 on 15.5.1974.
The main legal point established in the judgment is the admissibility of certified copies of documents as secondary evidence under the Indian Evidence Act, 1872. The court clarified the conditions an....
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....
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....
Secondary evidence is admissible only when a factual foundation for the non-production of original documents is established, and the trial court must provide a reasoned order for its decisions.
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