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MAHENDAR KUMAR GOYAL
Heti Singh – Appellant
Versus
Maharaja Sawai Mansingh Second, Museum Trust – 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 02.09.2019 passed by the learned Additional Civil Judge No.5, Jaipur Metropolitan, Jaipur (for brevity, "the learned trial Court") in Civil Suit No.42/03 (207/94) whereby, an application filed by the petitioners/defendants (for brevity, "the defendants") under Order 13, Rule 10 CPC has been dismissed.
2. Assailing the order, the only contention advanced by the learned counsel for the defendants is that since, the certified copies of the documents in question submitted by the respondent/plaintiff (for brevity, "the plaintiff") were obtained from the photocopies, the same are not admissible in evidence without summoning the original record. He, therefore, prays that the writ petition be allowed, the order dated 02.09.2019 be quashed and set aside and the application filed by them under Order 13, Rule 10 CPC be allowed.
3. Heard. Considered.
4. While dismissing the application, the learned trial Court has observed that the defendants have not stated in the their application as to why the original record was required.
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 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.
Under Section 65 of the Indian Evidence Act, 1872, only a certified copy of a public document is admissible as secondary evidence.
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 Court affirmed the discretion of the Commercial Court to allow production of original documents when essential for proper adjudication, emphasizing limited grounds for interference under Article ....
Admissibility of photocopies as secondary evidence under the Evidence Act, 1872 is contingent upon meeting the requirements of Section 63(3) and the need for foundational evidence to authenticate the....
While exercising jurisdiction under Article 227 of the Constitution of India, the Court is not sitting as an appellate court over the orders passed by the subordinate courts.
Point of Law : Documents in original shall be produced as primary evidence as mandated under Section 64 of the Indian Evidence Act.
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