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SUBODH ABHYANKAR
Narendra Kumar, S/o. Deepchand Kumrawat – Appellant
Versus
Deepchand S/o. Tukaram – Respondent
ORDER :
Subodh Abhyankar, J.
This petition has been filed under Article 227 of the Constitution of India by the petitioner/plaintiff against the order dated 12-4-2022, passed in Case No. 51-A/2020 by the Fifth Civil Judge, Senior Division, District Ujjain, whereby the application filed by the respondents/defendants under section 65 of the EVIDENCE ACT , 1872 (hereinafter referred to as ‘the EVIDENCE ACT ’) has been allowed (Annexure-P-1).
2. Brief facts of the case are that the petitioner has filed a suit for declaration, injunction, and partition against the respondents/defendants. According to the plaint, the disputed property belonged to one Sumitrabai, who happens to be the mother of the plaintiff, wife of defendant No. 1, and mother of defendants No. 2 and 3. Plaintiff’s contention is that the property is purchased by Sumitrabai from her joint family’s income. The suit is at the stage of recording evidence, and defendants’ evidence is being recorded. In contrast to the plaintiff’s case, in their written statement, the defendants’ contention is that late Sumitrabai left behind a Will dated 25-8-2012, on the basis of which they are claiming their rights. Thus, to bring the origin
The best evidence available should be produced before resorting to secondary evidence.
Secondary evidence – Permitting a party to lead secondary evidence is exception and not rule.
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....
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....
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