Mathura Devi vs Jassa Ram - 2023 Supreme(Raj) 2290

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 2290

NUPUR BHATI
Mathura Devi – Appellant
Versus
Jassa Ram – Respondent

Advocates Appeared:
For the Petitioner:Mr. Mukesh Kumar Trivedi, Advocate.
For the Respondent:Mr. Vishal Thakur and Mr. Sukh Dev, Advocates.

Table of Content
1. petitioner filed a writ petition due to lower court's order allowing secondary evidence. (Para 1 , 2 , 3)
2. arguments regarding maintainability and evidence in secondary evidence application. (Para 6 , 7)
3. court's analysis of section 65 of evidence act regarding secondary evidence. (Para 8 , 9 , 10 , 13)
4. legal foundation for admitting secondary evidence established. (Para 11 , 12)
5. writ petition dismissed; lower court's order upheld. (Para 14)

JUDGMENT :

(Nupur Bhati, J.)

This writ petition under Article 226 & 227 of the Constitution of India has been filed by the petitioner-plaintiff aggrieved of the order dated 06.09.2018 passed by learned Senior Civil Judge No.6, Jodhpur Metro in Civil Original Case No.28/15 (Smt. Mathura Devi v. Jassa Ram), whereby the application filed by the respondent-defendant under Section 65 of EVIDENCE ACT , 1872 for taking the secondary evidence relating to documents, was allowed.

2. The facts in brief are that the petitioner-plaintiff filed a suit against the respondent-defendant stating therein that a plot was allotted in the name of her father-in-law Shri Bhika Ram and a patta was also issued by the Gram Panchayat Luni in the ye