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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 defendant bears the burden of proof regarding document possession in civil disputes.
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....
A writ petition can be dismissed for non-prosecution if the petitioner fails to appear or take steps to advance the case.
Court enforces bank's assurance to retrieve and return original sale deed from DRT to property purchaser.
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 ....
Final decree supersedes prior document under Section 34C; original production not mandatory if in court custody.
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