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NUPUR BHATI
Kamal Vaishnav, S/o. Surajdas Vaishnav – Appellant
Versus
Jawala Dutt Ojha, S/o. Mukunlal Ojha – Respondent
ORDER :
(Nupur Bhati, J.)
1. Though the matter has been listed in the "Fresh" category, upon the joint request of the parties, the matter is heard finally, today itself.
2. The writ petition has been filed by the petitioner/defendant no. 1 under Article 226 of the Constitution of India challenging the orders dated 21.02.2014 (Annex.7), 08.10.2014 (Annex.10) and 09.09.2024 (Annex.8) passed by learned Senior Civil Judge No. 2, Jodhpur Metropolitan in Case No. 41/2005.
3. The writ petition has been preferred with the following prayer:
a. By an appropriate writ order and direction the orders dated 8-10-2024 (Annex 10) to the extent of patta admissibility to the extent of patta in question order dt 9-9-2024 Annex 8 and order dated 21-2-2014 Annex 7 passed by the learned trial court respectfully may kindly be declared illegal and be quashed and the application filed by the petitioner under order 13 rule 3 read with 151 CPC may kindly be ordered to be allowed and plaint filed by plaintiff may kindly be ordered to be rejected.
Any other relief to which the p
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.
There are two stages relating to documents. One is the stage when all the documents on which the parties rely are filed by them in Court. The next stage is when the documents are proved and formally ....
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....
Defendants' failure to show due diligence and timely filing of documents justifies dismissal of their applications under the Code of Civil Procedure and no grounds were shown for High Court intervent....
Under Section 65 of the Indian Evidence Act, 1872, only a certified copy of a public document is admissible as secondary evidence.
Judicial officers should not be impleaded in writ petitions, and applications under Order XI must be timely and relevant to the case.
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.
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