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SANJAY DWIVEDI
Tulsiram S/o Madari Lodhi – Appellant
Versus
Rajaram S/o Mangal – Respondent
ORDER :
1. The instant petition was listed under caption ‘Held up Matters’ as by way of interim order passed by this Court on 03.03.2020, the proceedings of Civil Suit giving rise to the instant petition were stayed.
2. The petitioners have filed this petition under Article 227 of the Constitution of India questioning the validity of order dated 14.02.2020 (Annexure P/1) whereby the trial Court in a pending civil suit had rejected the application filed under Section 65 of the Evidence Act, 1872.
3. As per the facts of the case, the plaintiffs (respondents herein) filed a suit for partition against the defendants (petitioners herein). The plaintiffs and defendants are the members of same family whose original ancestor was Madari Lodhi and after his death, the ancestral property sought to be partitioned by filing a suit wherein it was claimed that the property also included the property which was purchased from the income of the joint family.
4. As per the plaintiffs, the property should be partitioned and every plaintiff is entitled to get 1/7th share of property of late Madari Lodhi who left behind four sons and three daughters. A copy of the plaint is available on record as Annexure P
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....
A document required to be registered is not admissible into evidence under Section 49 of Registration Act.
In order to admit secondary evidence of a document, the party seeking to admit the evidence must lay a proper foundation by showing that the original document is unavailable and that the secondary ev....
Secondary evidence can be given only when original thereof is in existence.
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