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HARKESH MANUJA
Bhagwant Singh – Appellant
Versus
Bhagat Singh – Respondent
JUDGMENT
Mr. Harkesh Manuja, J. (Oral)
By way of present revision petition filed under Article 227 of Constitution of India, challenge has been laid to an order dated 09.05.2024 passed by the learned Addl. Civil Judge, (Senior Division), Barnala, whereby, an application filed on behalf of respondents-plaintiffs seeking permission to lead additional evidence so as to prove the partition deed dated 17.03.2021 stands allowed.
2. Briefly stating, the respondent-plaintiff filed a suit for declaration qua the ownership and possession over half share of property measuring 30 kanals 12 marlas situated within the revenue estate of Village Tapa-A, District Barnala based on family settlement dated 17.03.2021. The plaintiff-respondent No.1 also challenged the transfer deed dated 25.08.2021 executed by defendant No.1 in favour of defendant No.2 besides putting up challenge to the sale deed dated 25.08.2021 executed by defendant No.1 in favour of defendant Nos. 3 and 4 and also pray for grant of permanent injunction for restraining defendants from alienating the suit property or changing its nature as well as restraining them from interfering in his possession thereof.
3. During pendency of the s
The court upheld the trial court's discretion to allow additional evidence, emphasizing that the absence of notice under Section 66 of the Evidence Act does not invalidate the introduction of seconda....
Documents regarding the declaration of pre-existing rights are not compulsorily registerable and can be proved by way of secondary evidence. The court must address objections related to stamp duty an....
A copy of a document that is insufficiently stamped cannot be admitted as secondary evidence, as the original document's inadmissibility extends to its copy.
Appellate courts must consider additional evidence only when critical for the resolution of ongoing legal issues, as per due process.
Suit for Perpetual/Permanent Injunction – Partition deed can be relied upon to the extent of collateral purpose, subject to payment of stamp duty, penalty, and proof of relevancy.
Additional evidence in appellate proceedings is only permissible under specific conditions, which were not met by the appellants.
Unregistered documents can be admissible for collateral purposes in partition suits, subject to payment of stamp duty and proof of relevance.
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