Back
PRADEEP KUMAR SRIVASTAVA
Chandan Mandal S/o Late Sisibala @ Sashi Mandalain – Appellant
Versus
Lakhi @ Lakhikant Mandal – Respondent
JUDGMENT :
PRADEEP KUMAR SRIVASTAVA, J.
1. Present Civil Miscellaneous petition is filed under Article 227 of the Constitution of India for quashing/setting aside the order dated 24.05.2022 passed by learned Civil Judge, Senior Division I, Jamtara in Original Suit No. 49 of 2013, whereby and whereunder learned Civil Judge Senior Division has allowed the application of plaintiff to mark Exhibit the certified copy of registered deed of Adoption No. 128/1983 dated 10.09.1983 and registered deed of Adoption No. 5 of 2012 dated 08.02.2012 on the ground that these documents are public documents requiring no formal proof and certified copies of the deed may be admitted in evidence.
Factual Matrix
2. The case of plaintiff/Respondents is that plaintiffs and defendants both parties are Hindu and governed by Dayabhag school of Hindu Law. The defendant no. 1, Sashibala @ Sashi Mondalain, is the maternal aunt of the plaintiff. Mother of the plaintiff, namely, Bhanumati Mondalain was full sister of late Binod Mondal and late Kedar Mondal of village Bewa who died issueless soon after the survey settlement leaving behind their respective widows namely, Sashi Bala @ Sashimani Mondalain and Dulubala Mon
The main legal point established in the judgment is the requirement for laying a foundation for accepting secondary evidence of private documents, including certified copies of registered adoption de....
Certified copies of registered deeds are admissible in evidence under the Indian Evidence Act and should be tentatively marked as exhibits without requiring the registering authority's presence for p....
A certified copy of a registered sale deed is classified as a public document and admissible as secondary evidence without formal proof under relevant provisions of the Evidence Act.
The admissibility of certified copies of public documents does not equate to proof of the truth of their contents; such truth must be established through oral evidence.
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 ....
The court ruled that while a certified copy of a sale deed is admissible as secondary evidence, it does not suffice to prove the execution of the deed, which must demonstrate intention and legal vali....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
