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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
PANKAJ JAIN
Sikander Singh – Appellant
Versus
Bhawan Singh alias Badan Singh – Respondent
| Table of Content |
|---|
| 1. factual basis for specific performance suit. (Para 1 , 2) |
| 2. trial court dismissed secondary evidence application. (Para 3) |
| 3. admissibility of unstamped agreement to sell. (Para 4) |
| 4. definitions and requirements in stamp act. (Para 5 , 6 , 7 , 8 , 9 , 12) |
| 5. provisions for admissibility of copies in evidence. (Para 14 , 15) |
| 6. court confirmed trial court's dismissal of the petition. (Para 16 , 17) |
| 7. case concluded with dismissal of petition. (Para 18) |
JUDGMENT :
PANKAJ JAIN, J.
1. Challenge is to the order dated 12th of May, 2023 passed by Civil Judge (Junior Division), Samrala, whereby application filed by the petitioner/plaintiff seeking permission to prove agreement to sell, dated 4th of September, 2013 and its endorsement dated 27th of April, 2014 by way of secondary evidence, stands dismissed.
2. Plaintiff filed suit for possession by way of specific performance of agreement to sell dated 28th of February, 2014 claimed to have been executed by defendant No.1 himself as well as on behalf of Parshotam Singh son of Lal Singh @ Madhu Sudan Singh as his attorney on the basis of registered power of attorney, dated 5th of September, 2013. The plaintiff claims that there
Secondary evidence of agreements not duly stamped cannot be admitted in court unless the original instrument is produced and corrected as per legal requirements.
Only original documents can be validated under the Indian Stamp Act; photocopies are inadmissible for legal purposes, reinforcing established principles regarding document admissibility.
Suit for declaration – Unregistered document -Secondary Evidence – Admissibility of - Secondary evidence is an evidence which may be given in the absence of that better evidence which law requires to....
A photocopy of a document is inadmissible as secondary evidence if the original document is not duly stamped, per the Indian Stamp Act.
Secondary evidence must be of a document which is admissible in evidence.
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