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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE NARENDRA SINGH DHADDHA, J
CHOTELAL AND ORS – Appellant
Versus
ADDI DISTRICT JUDGE F T AND – Respondent
Order :
1. This civil writ petition has been filed by the petitioners-plaintiffs (for short 'the plaintiffs') against the orders dated 10.11.2004 and 14.12.2007 passed by Additional District and Sessions Judge (Fast Track) No.2, Sikar by which the said court dismissed the applications filed by the plaintiffs.
2. Learned counsel for the plaintiffs submits that the plaintiffs filed a suit against the respondents-defendants (for short 'the defendants') for partition, declaration and permanent injunction in which plaintiffs filed an application under Order 7 Rule 14(3) CPC, which was partly disallowed by the trial court vide its order dated 10.11.2004. The plaintiffs filed another application under Section 65 of the Indian Evidence Act for leading the secondary evidence in relation to the said documents but the same has also been dismissed by the trial court vide order dated 14.12.2007.
3. Learned counsel for the plaintiffs further submits that Harphool Singh used to sign in English and not in Hindi. So, secondary evidence was required to be led in respect of those documents but trial court vide its order dated 14.12.2007 wrongly dismissed the application filed by the plaintiffs, hence t
The court upheld the trial court's decision to dismiss applications for secondary evidence and under Order 7 Rule 14(3) CPC, affirming that primary evidence must be available for secondary evidence t....
Secondary evidence is admissible for public documents unless substantial evidence of forgery is presented.
A document required to be registered is not admissible into evidence under Section 49 of Registration Act.
Will - Proof of documents by primary evidence.—Documents must be proved by primary evidence except When the original is shown or appears to be in the possession or power— of the person against whom t....
Secondary evidence requires proof of the original document's non-production; a party must establish a foundation in pleadings for its admissibility.
Documents regarding the declaration of pre-existing rights are not compulsorily registerable and can be proved by way of secondary evidence. The court must address objections related to stamp duty an....
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