Dismissed

Sundar Lal v. State of Rajasthan

Rajasthan HC24 Nov 2021CW/5013/2021

Case brief

AI extract

What is this about?

In a Writ Petition, the High Court upheld the rejection of a trial court application allowing evidence from a photocopy of a No Objection Certificate. The Court held that an official document original should be replaced with a certified copy and instructed the petitioner to produce a certified copy.

What did the court decide?

Petitioner directed to place a certified copy of the document in court; stay petition disposed of.

Sundar Lal Vs State of Rajasthan — Civil Procedure and Limitation | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 5013/2021

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Sundar Lal S/o Bhanwar Lal Choudhari (Kalal), Aged About 49 Years, B/c Kalal, R/o Mavali, Tehsil Mavali, District Udaipur

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----Petitioner

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Versus

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State Of Rajasthan, Through Collector Udaipur, District Udaipur.

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Tehsildar Mavali, Tehsil Mavali, District Udaipur.

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----Respondents

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For Petitioner(s) : Mr. Rishabh Handa Mr. Girish Joshi

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JUSTICE DINESH MEHTA

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Order

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24/11/2021

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By way of present writ petition, petitioner has challenged the order dated 17.02.2021 whereby petitioner’s application dated 19.02.2020 under Section 63 & 65 of the Indian Evidence Act, 1872 (for short ‘the Act of 1872’) has been rejected.

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The facts precisely narrated are that the plaintiff moved the above referred application dated 19.02.2020 and requested the Court to permit him to lead evidence on the basis of photo copy of ‘No Objection Certificate’ dated 17.12.2014.

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Learned trial Court rejected petitioner’s aforesaid application, inter alia, observing that the petitioner could have obtained a certified copy of the same and produced it.

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In the opinion of this Court, documents namely ‘No Objection Certificate’ dated 17.12.2014, said to have been issued by Gram Panchayat, Mavali, is an official document and the petitioner could

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(2 of 2)

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[CW-5013/2021]

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very well furnish certified copy of the same for the purpose of leading evidence.

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That apart, a perusal of the application filed by the petitioner reveals that the petitioner has simply stated that the original document which was with him on the last date of hearing, has been lost.

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The trial Court was legally justified in rejecting petitioner’s application under Section 63 & 65 of the Act of 1872, as the contents/averments of the application did not conform to the requirement of Section 63 & 65 of the Act of 1872.

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Writ petition, therefore, fails.

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Stay petition also stands disposed of accordingly.

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Petitioner shall be free to place a certified copy of the ‘No Objection Certificate’ dated 17.12.2014 in accordance with law.

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(DINESH MEHTA),J

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10-Amar/-

Sundar Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sundar Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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