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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Sharwan Lal – Appellant
Versus
Ses Ram (deceased) through LRs – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The present appeal is directed against the judgment and decree dated 29.12.2005 passed by learned District Judge, Kullu, vide which the appeal filed by Ses Ram (original plaintiff) was allowed and the judgment and decree passed by the learned Civil Judge, Jr. Division, Manali camp at Kullu, District Kullu, H.P. (learned Trial Court) were set aside. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.
2. Briefly stated, the facts giving rise to the present appeal are that the plaintiff filed a civil suit before the learned Trial Court seeking a declaration that mutation Nos. 900 and 903 of Phati Dunkhrigar attested on 13.06.2003, passed by learned Assistant Collector 2nd Grade Kullu in favour of the defendant, are illegal, null and void and not binding upon the plaintiff. It was asserted that Rirku, grandfather of the plaintiff, was the owner in possession of the land mentioned in para (1) of the plaint. His sons, Shupu, Birbal @ Popi, Chappu, Fagnu and Jogni, inherited the land in equal shares after his death. Chappu died about 51 years before the institution of the suit, and hi
The admissibility of public documents requires corroborative evidence to establish claims of familial relationships; civil suits challenging property mutations remain maintainable under specific prov....
(1) Secondary evidence – Certified copy of a sale deed could be produced as secondary evidence of public document and could be produced in proof of contents of public document or part of public docum....
Appellate court cannot admit additional evidence under Order 41 Rule 27 CPC absent due diligence proof or necessity for judgment; must record reasons; erroneous allowance despite negligence and delay....
The central legal point established in the judgment is the enabling power of the Appellate Court to allow additional evidence for any substantial cause and the need for such evidence to pronounce jud....
The main legal point established in the judgment is the interpretation and application of Order XLI Rule 27 of the CPC, the admissibility of documents as public documents under Section 74 of the Indi....
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