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2013 Supreme(Pat) 879

CHAKRADHARI SHARAN SINGH
Umashankar Singh – Appellant
Versus
Keshwa Singh – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Chandrakant & Mr. Subhash Patel
For the Respondents: Mr. Gajendra Kumar Singh & Radha Krishna Singh

Order

Petitioners in the present application under Article 227 of the Constitution of India are aggrieved by order dated 27.9.2012 passed by learned Sub-Judge 5th, Siwan in Title Suit No. 275/1984, whereby the Court below has refused to mark the certified copies of registered deed of gift as an exhibit. From the impugned order it appears that the Court below has rejected the petition for exhibiting the certified deed of gift on the ground that certified copies of the document could not be exhibited.

2. Learned counsel appearing on behalf of the petitioners has submitted that the impugned order is contrary to the provisions as contained in Section 77 read with Section 74(2) and 76 of the Evidence Act, 1972. He submits that a certified copies of a registered agreement for sale is admissible in evidence even if parties to the document are not examined to prove it. In support of his submission he has placed reliance upon a Supreme Court judgment reported in (2001) 6 SCC 254 (State of Haryana vs. Ram Singh).

3. Learned counsel appearing on behalf of the respondents, on the other hand, has submitted that the Court below rightly rejected the petition for exhibiting certified copies of the do







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