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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
NUPUR BHATI
Leela Devi W/o Late Chain Sukh Bohra – Appellant
Versus
Amar Chand S/o Rajmal Bohra – Respondent
ORDER :
Nupur Bhati, J.
1. The petitioners/plaintiffs, aggrieved by order dated 21.05.2024 (Annex.14) passed by learned Additional District Judge No.2, Bhilwara (‘Trial Court’), have preferred the instant writ petition, whereby the application preferred by the petitioners/ plaintiffs under Order VII Rule 14 CPC has been partly accepted to the extent of keeping the documents on record, however, the prayer made by the petitioners to form a part of evidence, has been rejected.
2. The facts apposite for the purposes of disposal of this writ petition are that the petitioners/plaintiffs filed a suit for partition and permanent injunction against the respondent/defendant. On being served with the summon of the suit, the respondent/defendant filed his written statement stating therein that the suit property came into his share and possession in view of family settlement arrived at amongst the family members. The issues were thereafter framed on 05.01.2006.
3. During pendency of the suit, the petitioners/plaintiffs filed an application (Annex.7) under Order VI Rule 14 read with Section 151 CPC with a prayer to take certain documents on record viz. certified copies of the three sale-deeds dated
The court emphasized the right to admit documents as evidence in civil proceedings, allowing petitioners to seek admissibility under Section 65 of the Evidence Act despite prior rejection by the Tria....
Documents not mentioned in the plaint cannot be introduced later without court permission, emphasizing the necessity of timely submission under Order VII Rule 14 CPC.
The admissibility of documents must be established before allowing secondary evidence, as per the provisions of the Evidence Act and relevant case law.
Unregistered documents can be admissible for collateral purposes in partition suits, subject to payment of stamp duty and proof of relevance.
The trial court must afford due opportunities to the parties to contest the case and cannot adopt an extremely harsh and hyper-technical approach in rejecting applications for taking documents on rec....
Suit for Perpetual/Permanent Injunction – Partition deed can be relied upon to the extent of collateral purpose, subject to payment of stamp duty, penalty, and proof of relevancy.
Documents not duly stamped must be impounded by the court, and parties can cure defects by paying the necessary stamp duty to make them admissible.
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