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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
SUBODH ABHYANKAR
Vikram Singh (Decd.), Through Legal Representaives Jitendra Singh Thakur (Decd.), Through Legal Repres – Appellant
Versus
Farid Ahmad – Respondent
ORDER :
SUBODH ABHYANKAR, J.
1] Heard finally, with the consent of the parties.
2] This review petition has been filed for review of the order passed by this Court in Second Appeal No.199 of 2008 dated 12.10.2023, whereby the appeal filed by the defendant has been allowed and the decree of eviction on the ground of non-payment of rent and also on the ground of denial of title of the suit property of the respondents/plaintiffs by the appellant/defendant has been set aside.
3] The present petition has been filed on the ground that this Court has held that Ex.P/1 to P/12 cannot be relied upon for certain reasons, which have been assigned in para 23 of the order under review.
4] Shri Ayushman Choudhary, learned counsel for the petitioners has submitted that the admissibility of the documents filed by the plaintiffs as Ex.P/1 to P/12 were never challenged by the defendant in the trial itself, and the substantial question of law was also not based upon the admissibility of the same. Thus, it is submitted that this Court has travelled beyond the substantial question of law framed by this Court and in such circumstances when the admissibility of the documents was not an issue and was not releva
Objections to the admissibility of documents must be raised at trial; failure to do so waives the right to contest them on appeal.
There are two stages relating to documents. One is the stage when all the documents on which the parties rely are filed by them in Court. The next stage is when the documents are proved and formally ....
The main legal point established in the judgment is that the Rent Tribunal has the authority to consider the admissibility of documents at the final stage of the proceedings, and the procedure for ma....
It is an archaic practice that during the evidence- collecting stage, whenever any objection is raised regarding admissibility of any material in evidence the court does not proceed further without p....
The procedural non-compliance in document admission does not invalidate evidence or decrees when the substantive findings are unchallenged.
Electronic records cannot be admitted into evidence unless the mandatory requirements of Section 65-B of the Evidence Act are satisfied, including obtaining a certificate in terms of Section 65-B(4) ....
Judgments not inter partes can be admissible to show rights in property disputes under the Indian Evidence Act, aiding in establishing asserted ownership despite objections based on inadmissibility.
The main legal point established in the judgment is the importance of following proper procedures for proving evidence under the Evidence Act and the duty of the adjudicating authority to fully focus....
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