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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ROMESH VERMA
Charan Dass – Appellant
Versus
Preeto Devi – Respondent
JUDGMENT :
Romesh Verma, J.
The present petition arises out of the order as passed by the learned Senior Civil Judge, Court No.1, Una, District Una, H.P dated 13.08.2024, whereby application filed by the plaintiff/petitioner under Order 7 Rule 14 of CPC read with Section 65(a) of the Indian Evidence Act and another application under Order 45 of the Indian Evidence Act have been order to be dismissed.
2. The facts of the case are that the plaintiff/petitioner filed a suit for declaration before the learned Senior Civil Judge, Court No.1, Una, District Una, H.P. with the prayer that Waryam Singh, predecessor-in-interest, of the parties had died on 01.09.1998. He was succeeded by his widow, defendant No.1 Smt. Preeto Devi, six sons, plaintiff and defendants no. 2 to 5 and two daughters defendants No. 6 and 7. The parties succeeded to the estate of Waryam Singh as the class one heirs. The parties are in joint possession of the suit land. It was alleged that defendants No.1 to 3 in conspiracy with each other and at the back of the plaintiffs and proforma defendants, got mutation No. 212 attested in favour of defendant No.1 on the basis of the alleged forged Will dated 02.02.1997. The decea
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....
Secondary evidence requires cogent evidence of document loss; mere assertions do not suffice under Section 65 of the Indian Evidence Act.
Civil Law – Secondary Evidence – Reliability of - A party to lis may choose to file an application which is required to be considered by trial court but if any party to suit has laid foundation of le....
The main legal point established in the judgment is that the party seeking to admit secondary evidence must establish the non-production of the original document as required under the Indian Evidence....
The trial court erred by allowing secondary evidence regarding the Will without sufficient pleadings and at a late stage of litigation.
The court established that secondary evidence is inadmissible without a foundational explanation for the absence of primary evidence, emphasizing strict adherence to evidentiary rules.
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