Bhola Gosai And Ors. v. The State Of Jharkhand And Anr.
Case brief
What is this about?
The High Court modified an order rejecting the petitioners' objection to marking a certified copy of a sale-deed as an exhibit. It held that objections to admissibility under the Evidence Act must be raised at the final hearing after evidence is led, not at the interim application stage, disallowing premature rejection.
What did the court decide?
Impugned order dated 12.08.2016 modified to remain open to defendants to raise all objections relating to the sale-deed during final hearing.
What the court decided
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 918 of 2017
- Bhola Gosai son of Jhari Gosai, resident of Hinoo, P.O. & P.S. Doranda, District Ranchi (Power holder) on behalf of petitioner No. 2 to 5.
- Ishrafil Khan.
- Mustafa Khan
- Both sons of Jamal Sekh.
- Samsunia Khatoon.
- Roshan Khatoon, nos. 4 and 5 are daughters of Jamal Sekh, all are residents of Village Tapkara, P.S. Torpa, District Khunti. … Defendants/Petitioners
Versus
- The State of Jharkhand
- Anand Kumar Gupta @ Anant Kr. Gupta, son of Late Manmohan Lal Gupta, resident of Laxmi Niliyam, H.B. Road, P.S. Lalpur, District Ranchi.
… Plaintiff/ Respondents
Issues for consideration
3 issues framed by the court
Whether objections to admitting a certified copy of a sale-deed as secondary evidence can be raised via Order XIII Rule 3 CPC application before evidence is led.
Whether a trial court can refuse to take a document on record at the stage when it is tendered by a witness.
Whether the admissibility of a certified copy under Sections 63 and 65 of the Indian Evidence Act, 1872 must be determined after parties lead evidence.
Parties & counsel
- petitioner
Bhola Gosai
- petitioner
Ishrafil Khan
- petitioner
Mustafa Khan
- petitioner
Samsunia Khatoon
- respondent
Roshan Khatoon
- respondent
Case details
As recorded by the court registry
- Court
- Jharkhand HC
- Decided on
- · October
- Registered
- Case no.
- WPC/918/2017
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