Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKRAM AGGARWAL
Ginna Ram – Appellant
Versus
Jai Singh (Since Deceased) Through Lrs – Respondent
Judgment :
Vikram Aggarwal, J.
The instant revision petition, preferred under Article 227 of the Constitution of India, assails order dated 14.12.2017 (Annexure P-1), passed by the Court of Addl. Civil Judge (Sr. Divn.), Pehowa, vide which the application (Annexure P-4) moved by the respondent-defendants No.1 and 2 for permission to produce secondary evidence was allowed.
2. The facts, as emanating from the revision petition, are that the petitioner-plaintiff (Ginna Ram) instituted a suit for declaration and joint possession with consequential relief of permanent injunction.
3. One Sonu Ram had five sons namely Ginna Ram (plaintiff), Jai Singh (defendant No.1), Dhanpat (defendant No.2), Ram Partap (defendant No.3) and Mai Chand (defendant No.4). Sonu Ram was stated to be having two wives, namely, Shingari and Jyoti. The plaintiff and defendants No.3 and 4 were born from the wedlock of Sonu Ram and Smt. Shingari, whereas defendants No.1 and 2 were born from the wedlock of Sonu Ram and Smt. Jyoti. Defendant No.5 (Chameli Devi) was cousin sister of the plaintiff (Ginna Ram) and defendants No.1 to 4.
4. Sonu Ram was the owner in possession of two parcels of land, one measuring 46 kanals 16
Court upheld the use of secondary evidence to prove a will's contents, despite procedural deficiencies, affirming the trial court's discretion.
The trial court erred by allowing secondary evidence regarding the Will without sufficient pleadings and at a late stage of litigation.
The best evidence available should be produced before resorting to secondary evidence.
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....
Secondary evidence requires cogent evidence of document loss; mere assertions do not suffice under Section 65 of the Indian Evidence Act.
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....
The main legal point established in the judgment is that the party seeking to admit secondary evidence must establish the non-production of the original document as required under the Indian Evidence....
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
