Heti Singh vs Maharaja Sawai Mansingh Second, Museum Trust

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2024 Supreme(Raj) 1140

IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
MAHENDAR KUMAR GOYAL, J.
Late Shri. Heti Singh and Ors. - Petitioners
Versus
Maharaja Sawai Mansingh Second, Museum Trust - Respondent
S.B. Civil Writ Petition No. 17328 of 2019
Decided on : 05-03-2024

Important Points

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.

Subject

Civil Law - Writ Jurisdiction

Act Referred

CIVIL PROCEDURE CODE : O.13 R.10
CONSTITUTION OF INDIA : Art.227

Headnote

(A) Constitution of India - Article 227 - Writ petition challenging the legality of the order passed by the learned trial Court - The defendants contended that certified copies of documents obtained from photocopies are inadmissible without summoning original records - The trial Court found the certified copies admissible as public documents and dismissed the application - No substantial reason was provided by the defendants for requiring original records. (Paras 1-5)

(B) Judicial Discretion - The court upheld the trial Court's decision, emphasizing the absence of a valid reason to interfere with its judicious discretion. (Paras 5-6)

Advocates:
Advocate Appeared:
For the Petitioners: Mr. G.S. Shekhawat for Mr. Ajay Kumar Jain

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. It is also revealed from the impugned order that certified copies submitted by the plaintiff pertained to public documents and were admissible in evidence. No such contention that the certified copies having been obtained from the photocopies of the subject documents are inadmissible in evidence in absence of summoning of the original record was raised before the learned trial Court and even before this Court also, except making a bald and vague averment that the certified copies were obtained from the photocopies of the subject documents, the same has not been substantiated.

5. In view thereof, this Court finds no reason to interfere with the well reasoned order passed by the learned trial Court in exercise of its judicious discretion.

6. Resultantly, this writ petition is dismissed being devoid of merit.