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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Dr. Justice Nupur Bhati, J
Dhepi Devi – Appellant
Versus
Mafi Devi – Respondent
Order :
1. The instant writ petition has been filed under Article 227 of the Constitution of India with the following prayers:-
“It is therefore most respectfully prayed on behalf of petitioner that the writ petition may kindly be allowed, record of the trial court in present matter be called and by an appropriate writ, order or direction:-
1. the order dated 12.09.2024 (Annexure-7) passed by the learned Family Court, Sirohi in Civil Original Suit No.01/2015 may kindly be set aside and the application (Annexure-5) filed by the defendant-Petitioner under Order 11 Rule 14 read with Section 151 CPC may kindly be allowed in toto;
2. Any other appropriate order or direction, which this Hon’ble Court considers just and proper in the facts and circumstances of this case, may kindly be passed in favour of the petitioner.”
2. Learned counsel for the petitioner/defendant No.7 submits that an application has been filed jointly by the petitioner/defendant No.7 and respondents Nos.2 to 7/defendants Nos.1 to 6 under Order 11 Rule 14 read with Section 151 CPC on 04.02.2017 with the prayer to direct the respondent No.8/defendant No.8 (Sub Registrar, Sirohi) to place on record the original sale deed, wh
The court emphasized that the production of original documents at the appropriate stage is crucial for ensuring justice and preventing delays in legal proceedings.
The obligation to produce original documents under CPC dictates that a defendant must supply originals at the time of filing, subject to court's permission for exceptions.
The court established that the right to register a property sale deed cannot be denied based on the absence of original documents when certified copies are provided, reaffirming the principles of pro....
Admissibility of documents in court proceedings hinges on clear admissions in pleadings, validating secondary evidence despite objections regarding public or private document status under the Indian ....
Procedural justice necessitates that minor clerical errors should not prevent parties from presenting relevant evidence, affirming the significance of intent over technicality.
The burden of proof in civil trials must be borne by the plaintiff, who must substantiate allegations of fraud with appropriate evidence and particulars.
Order VII Rule 14 CPC and Evidence Act Sections 65(a), 45 cannot be used belatedly to fill evidentiary lacunae; requires due diligence, notice, authentication; no supervisory interference absent perv....
The legal point established is that the findings in a previous suit are binding on the parties, and the conditions for allowing additional evidence under Order 41 Rule 27 were emphasized.
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