##PAGE1##

1

2026:CGHC:22420

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WP227 No. 575 of 2026

1 - Smt. Preeti Chadda W/o Shri Sandeep Chaddha Aged About 43

Years R/o Flat No. 2091, 9th Floor Sanskriti Apartment The Great

Loyalpur Society Plot No. 35, Sector 10 Dwarika New Delhi, 75,

Through Power Of Attorney Holder And Father Dr. I.M. Setthi, Aged

About 84 Years, S/o Late Sitaram Setthi, R/o Civil Line Raipur

... Petitioner(s)

versus

1 - A.K. Hamidi (Now Death) Nil

1.1 - (A) Smt. Nasim Hamidi W/o Late A.K. Hamidi Aged About 59 Years

R/o L.I.C. Colony Mova, Raipur, Tahsil And District Raipur (C.G.) As Per

Cause Title

1.2 - (B) Rizwan Hamidi S/o Late A.K. Hamidi Aged About 38 Years R/o

L.I.C. Colony Mova, Raipur, Tahsil And District Raipur (C.G.) As Per

Cause Title

2 - Rehan Hamidi S/o Late A. K. Hamid Aged About 30 Years R/o Lic

Colony Friends Nagar Mova, Raipur, Tahsil And District Raipur (C.G.)

... Respondent(s)

For Petitioner(s) : Mr. Purnendra Khichariya, Advocate

For Respondent(s) : None present.

2

(Hon’ble Shri Justice Ravindra Kumar Agrawal)

Order on Board

12/05/2026

Heard.

The present petition has been preferred under Article 227 of the

Constitution of India assailing the order dated 18.03.2026 passed by

the learned Third Civil Judge, Junior Division, Raipur in Civil Suit No.50-

A/2018, whereby the application preferred by the petitioner under

Section 65 of the Indian Evidence Act seeking permission to lead

secondary evidence has been rejected.

2. Learned counsel for the petitioner submits that the petitioner is

the plaintiff before the learned trial Court and has instituted the suit

seeking declaration of title, possession and permanent injunction in

respect of the suit property bearing Khasra No.638/8 admeasuring 2400

sq.ft., situated at Village Mowa, Tahsil and District Raipur. It is

contended that during pendency of the suit, the petitioner filed a

photocopy/xerox copy of the revenue map along with an application

under Section 65 of the Indian Evidence Act for leading secondary

evidence to prove the said document. However, the said application

came to be rejected by the learned trial Court.

3. It is further submitted that the petitioner had already applied

before the competent Revenue Authority for issuance of certified copy

of the said revenue map, but despite such application, the certified copy

Digitally signed

by SUGUNA

SUGUNA DUBEY

DUBEY D 20a 2te 6: .05.14

11:58:14

+0530

3

has not been supplied till date. Owing to such non-availability of the

certified copy, the petitioner could not place the same before the

learned trial Court. It is submitted that the revenue map is a material

document necessary for proper adjudication of the dispute involved in

the suit and, therefore, the petitioner deserves to be permitted to prove

the xerox copy thereof by leading secondary evidence.

4. I have heard learned counsel for the petitioner and perused the

material available on record.

5. The petitioner is seeking permission to lead secondary evidence

in respect of a xerox copy of the revenue map annexed with the

petition. From perusal of the said document, it appears to be a copy of

the revenue map allegedly issued by the concerned Patwari. The

original thereof admittedly forms part of the official record maintained by

the Revenue Authorities and the petitioner is legally entitled to obtain a

certified copy of the same from the competent authority.

6. The learned trial Court, while rejecting the application, has

recorded that the xerox copy sought to be produced has neither been

verified nor compared with the original document. A mere

photocopy/xerox copy of a document, which is not authenticated or

certified in accordance with law, cannot ipso facto be treated as

admissible secondary evidence within the meaning of Section 65 of the

Indian Evidence Act.

7. It is further evident that the mandatory requirements

contemplated under Section 66 of the Indian Evidence Act have also

4

not been satisfactorily complied with by the petitioner before seeking

permission to adduce secon