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ARCHANA PURI
Jasmail Singh Sanghera – Appellant
Versus
Sohan Singh Sanghera – Respondent
| Table of Content |
|---|
| 1. overview of jurisdiction and factual context. (Para 1 , 2 , 3) |
| 2. challenge to admissibility of evidence regarding will. (Para 4 , 5 , 9) |
| 3. necessity for plaintiffs to present evidence timely. (Para 6 , 8 , 10 , 14 , 16) |
| 4. interpretation of rebuttal rights under cpc. (Para 11 , 12 , 13 , 15) |
| 5. revocation of previous order regarding secondary evidence. (Para 17) |
Judgment
Mrs. Archana Puri, J.
Through the present petition under Article 227 of the Constitution of India, the petitioner has invoked the jurisdiction of this Court to challenge the order dated 10.05.2018 (Annexure P-6) passed by learned Court below, in Civil Suit No.379 dated 18.10.2012, whereby, an application under Section 65 of the Indian EVIDENCE ACT , filed by the respondents has been allowed.
2. The facts, as culled out from the paper-book are that respondents No.1 to 4/plaintiffs had filed a suit for seeking declaration along with defendants No.1 (petitioner) and No.3, to be joint owners in joint possession of the land, as detailed in the head note of the plaint, copy whereof is Annexure P-1. Besides the same, another declaration was sought, thereby, challenging the legality and validity of the sale
The best evidence available should be produced before resorting to secondary evidence.
Will - Proof of documents by primary evidence.—Documents must be proved by primary evidence except When the original is shown or appears to be in the possession or power— of the person against whom t....
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....
Validation of secondary evidence requires strict adherence to stipulations under Section 65 of the Indian Evidence Act, failing which the application may be quashed.
The right to defend the case effectively and the need for a pragmatic approach in allowing the proof of a Will by way of secondary evidence.
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