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ARINDAM LODH
Abdul Jabbar – Appellant
Versus
Jyotish Ch. Paul – Respondent
JUDGMENT
This is a second appeal under Section 100 of the Code of Civil Procedure, 1908 (for short, 'CPC') challenging the legality and validity of the judgment dated 20.07.2019 and decree thereof, passed by learned District Judge, Unakoti Judicial District, Kailashahar, in connection with Title Appeal No.03 of 2019 whereby and whereunder learned appellate court has affirmed the judgment and decree dated 15.09.2018 and 29.09.2018 respectively, passed by learned Civil Judge, (Sr. Division), Court No.1, Unakoti District in connection with Title Suit No.14 of 2017.
2. Since common questions of law and facts are involved in both the appeals, these two appeals are taken up together for disposal by this common judgment on consent of the learned counsels appearing for the parties to the lis.
3. The appellant, Abdul Jabbar was the principal defendant of the case bearing No. T.S. 14/2017 instituted by plaintiffs, Fayjul Haque and Nihar Uddin, the respondent nos. 2 and 3 here-in, both being the sons of Lt. Kabir Miah. Late Sudhir Chandra Paul, who was impleaded as respondent no.1 in this appeal was proforma defendant of T.S. 14/2017. On his death, during the pendency of this appeal his legal
Certified copies can serve as secondary evidence in property disputes when originals are lost, with timely objections being critical in admissibility issues.
The court ruled that while a certified copy of a sale deed is admissible as secondary evidence, it does not suffice to prove the execution of the deed, which must demonstrate intention and legal vali....
The main legal point established in the judgment is the presumption of genuineness attached to a registered document and the burden of proof in challenging its validity.
A certified copy of a registered sale deed is deemed a public document under Section 74(2) of the Indian Evidence Act and admissible in evidence as secondary evidence of the public record, according ....
Photocopies of public documents are admissible as evidence if authenticated by testimony, mitigating previous rejections based on technical evidence rules.
The court established that secondary evidence is inadmissible without a foundational explanation for the absence of primary evidence, emphasizing strict adherence to evidentiary rules.
Being concurrent findings on facts is no guarantee for an imprimatur from High Court as under certain situations interference under Section 100, CPC after formulating substantial question (s) of law ....
The admissibility of certified copies of documents from public records can substantiate claims of ownership, overriding challenges based on the absence of original documents.
Sale deeds must be proved by the signature of the executant as per Section 67 of the Evidence Act, and cannot be admitted without such proof, under Section 91, rendering erroneous decisions based on ....
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