Writ petition challenging rejection of application to produce certified copy of lost Sale Deed as secondary evidence. Single-judge Bench held Section 65(c) applies and allowed production.
Impugned order dated 27.11.2009 quashed. Application to permit petitioner to lead secondary evidence as certified copy of Sale Deed allowed.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
Writ Petition No. 1104 of 2010
Babu Govinda Gujar ... Petitioner v/s. Sunil Keshav Jadhav & ors. ... Respondents
Mr. P.J. Thorat i/b. P.B. Gujar for the petitioner.
CORAM:- B.R. GAVAI, J.
DATED :- MARCH 11, 2011.
P.C.
Inspite of being duly served with notice for final disposal, none appears for the Respondents. The petitioner challenges the order dated 27th November, 2009 vide which the application filed by the present petitioner for leading secondary evidence came to be rejected. The Petitioner has filed the suit for declaration that he is owner of the suit property and for injunction restraining the defendants from interfering with his possession.
came to be filed contending therein that the original of the Sale Deed of the
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suit property dated 3rd April, 1951 has been misplaced and, therefore, he should be permitted to produce the certified copy of said Sale Deed as a secondary evidence. Said Application is rejected. Hence, the present petition.
Sale Deed cannot be produced, the learned trial Court ought to have permitted the certified copy of the Sale Deed to be produced as secondary evidence.
is quashed and set aside. The application of the present petitioner for permitting him to lead the secondary evidence in the nature of the certified
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copy of Sale Deed dated 3rd April, 1951 is allowed.
(B.R. GAVAI, J)
1 issue framed by the court
Whether the trial Court ought to have permitted the petitioner to lead secondary evidence of a lost Sale Deed under Section 65(c) of the Indian Evidence Act.
1 provisions across 1 enactments
Babu Govinda Gujar
Sunil Keshav Jadhav and others
B.R. GAVAI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
