Sandeep Khosla vs Parveen Khosla - 2023 Supreme(P&H) 1447

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 1447

ARUN MONGA
Sandeep Khosla – Appellant
Versus
Parveen Khosla – Respondent

Advocates appeared:
For the Parties : Mr. Vaibhav Sehgal, Mr. Rajiv Bhatia

Table of Content
1. joint ownership and invalidity of transfer deed. (Para 1 , 2)
2. admissibility of photocopy of will as secondary evidence. (Para 3)
3. no specific procedural requirement for secondary evidence application. (Para 4)
4. opportunity to prove documents granted; focus on admissibility. (Para 5 , 6)

Judgment

Mr. Arun Monga, J.

Present revision petition is to set-aside impugned order dated 18.08.2021 (Annexure P-5) passed by learned Civil Judge (Junior Division), Ludhiana, whereby in a suit instituted by respondent/plaintiff for declaration and permanent injunction, application filed by petitioner/defendant under Section 65 of the Indian EVIDENCE ACT for leading secondary evidence by producing photocopy of a Will, was dismissed.

2. Plaintiff/respondent herein has filed a suit for declaration before the Court below to the effect that suit property, is a Joint Hindu Family property and plaintiffs and defendant are co-owners in possession of 1/3rd share each. Transfer deed dated 27.11.2009 allegedly executed by late Surinder Nath Khosla in favour of defendant is illegal, null and void. Further consequential prayer has been made seeking permanent injunction as well.

3. Learned c

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