Ravi Kumar Bajpai vs Shakuntala Devi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2016 Supreme(MP) 837

SANJAY YADAV
Ravi Kumar Bajpai – Appellant
Versus
Shakuntala Devi – Respondent

Advocates Appeared:
For the Petitioner: Shri Imtiyaz Hussain.
For the Respondent: Shri Ashish Shroti.

ORDER :

Sanjay Yadav, J.

1. With consent of learned counsel for the parties the matter is heard finally.

2. This petition under Article 227 of the Constitution of India, at the instance of plaintiff is directed against the order dated 17.7.2012 passed in Civil Suit No. 390-A/2007; whereby the Trial Court has allowed the respondents/defendants to lead secondary evidence through the xerox copy of affidavit dated 28.5.1995 and will dated 20.6.1997.

3. The suit at the instance of the petitioner/plaintiff is for declaration, partition, separate possession, mesne profit and permanent injunction. Respondents/defendant Nos. 2, 5 and 6 filed written statement. Whereas, respondent No. 2 has filed a counter claim.

4. That, an application under Section 65 of the Indian Evidence Act, 1872 came to be filed by respondent Nos. 3, 4 and 7 seeking leave of the Court to prove photo-copies of joint affidavit dated 28.5.1995 and photocopy of will dated 20.6.1997 as secondary evidence. The application was supported by affidavits filed by respondents. The petitioner/plaintiff objected to the same. The Trial Court, however, by impugned order allowed the application for the following reasons:

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