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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKRAM AGGARWAL
Gurjit Singh – Appellant
Versus
Tejpal Singh – Respondent
| Table of Content |
|---|
| 1. introduction of the property dispute and claims by the plaintiffs. (Para 2 , 3 , 4) |
| 2. details on the motion for secondary evidence concerning the will. (Para 5 , 6 , 8) |
| 3. arguments from both parties regarding admissibility of secondary evidence. (Para 9 , 11 , 12) |
| 4. discussion on procedural integrity of evidence, highlighting conditions for admission. (Para 13 , 14 , 21) |
| 5. final court ruling on the application and affirmation of trial court's powers. (Para 22 , 23 , 24) |
JUDGMENT :
Vikram Aggarwal, J.
The instant petition, preferred under Article 227 of the Constitution of India, assails the order dated 13.09.2024 (Annexure P.1) passed by the Court of Civil Judge (Junior Division) Amritsar, vide which the application filed by respondent Nos. 1 to 3/plaintiffs (hereinafter referred to as the respondent-plaintiffs) to produce secondary evidence in respect of Will dated 17.11.1979 stated to have been executed by S. Budh Singh, was allowed.
2. The facts, as emanating from the revision petition, are that a suit for separate possession by way of partition of properties fully described in the plaint, declaration and permanent injunction was instituted by the respondent-plain
The trial court erred by allowing secondary evidence regarding the Will without sufficient pleadings and at a late stage of litigation.
Court upheld the use of secondary evidence to prove a will's contents, despite procedural deficiencies, affirming the trial court's discretion.
Secondary evidence requires cogent evidence of document loss; mere assertions do not suffice under Section 65 of the Indian Evidence Act.
The best evidence available should be produced before resorting to secondary evidence.
Validation of secondary evidence requires strict adherence to stipulations under Section 65 of the Indian Evidence Act, failing which the application may be quashed.
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....
A party seeking to introduce secondary evidence must establish a proper foundation regarding the original document's possession and the reasons for its non-production, as mandated by Section 65 of th....
Secondary evidence may be admissible when the original document is lost or misplaced, provided sufficient justification for its non-production is established.
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....
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