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MAHENDAR KUMAR GOYAL
Pratibha Pandey – Appellant
Versus
Shaily Tenison Charlse – Respondent
ORDER :
Mr. Mahendar Kumar Goyal, J. - This writ petition under Article 227 of the Constitution of India has been filed assailing the legality and validity of the order dated 10.12.2019 passed by the learned Labour Court and Industrial Tribunal, Ajmer (for brevity, "the learned trial Court") in Civil Suit No.126/2017 whereby, an application filed by the respondent/plaintiff (for brevity, "the plaintiff") under Order 7, Rule 14 (3) CPC has been allowed.
2. The relevant facts in brief are that in a suit filed by the plaintiff against the petitioner/defendant (for brevity, "the defendant") for cancellation of the sale deed dated 11.08.2014, he filed an application under Order 7, Rule 14 (3) CPC seeking to place on record transcript and compact disc of the conversation having taken place in between the defendant, her brother and the counsel which has been allowed by the learned trial Court vide order dated 10.12.2019.
3. Assailing the order, learned counsel for the defendant submits that while allowing the application, the learned trial Court did not appreciate that the application was belated in as much as the conversation is alleged to have taken place on 09.03.2016 whereas, the applica
The court upheld the trial court's decision to admit electronic evidence despite delays and clarified that a Section 65B certificate can be submitted later.
The admissibility of electronic evidence requires strict adherence to statutory requirements under the Indian Evidence Act, including proper certification and pleadings.
The court upheld the trial Court's decision, affirming that certified copies of public documents are admissible without original records unless substantial reasons are provided otherwise.
The trial court must afford due opportunities to the parties to contest the case and cannot adopt an extremely harsh and hyper-technical approach in rejecting applications for taking documents on rec....
The court upheld the trial court's rejection of applications for document production and witness recall due to lack of demonstrated relevance and procedural compliance.
Documents not part of the pleadings and not on record cannot be considered in a civil suit, and the scope of interference in proceedings under Article 227 of the Constitution of India is limited.
The admissibility of documents must be established before allowing secondary evidence, as per the provisions of the Evidence Act and relevant case law.
Admissibility of electronic evidence – Non-Production of Section 65B of Indian Evidence Act, 1872 certificate is a curable defect and it can be produced at any time before completion of trial.
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