Revision petition dismissed. High Court upheld trial court's rejection of Family Settlement claim via O VII R 11 CPC. Proved that documents require admissible evidence, not just pleadings.
Revision petition and stay petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023:RJ-JD:25462]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Revision Petition No. 114/2023
----Petitioners
Versus
----Respondents
[2023:RJ-JD:25462] (2 of 3)
[CR-114/2023]
| For Petitioner(s) | : Dr. Akalovya A. Bhansali |
|---|---|
| For Respondent(s) | : -- |
HON'BLE MS. JUSTICE REKHA BORANA
Order
11/08/2023
[2023:RJ-JD:25462]
[CR-114/2023]
(3 of 3)
“The legal position is not in dispute that mere production and marking of a document as exhibit by the court cannot be held, to be a due proof of its contents. Its execution has to be proved by admissible evidence i.e. by the ‘evidence of those persons who can vouchsafe for the truth of the facts in issue’.”
stand dismissed .
(REKHA BORANA),J
106-Vij/-
2 issues framed by the court
Whether the High Court ought to interfere when the lower court correctly held that a family settlement must be proved by admissible evidence before rejecting a plaint on Order VII Rule 11 of CPC.
Whether a family settlement restricting the cause of action until a future date is established pleading alone.
Colour shows how this judgement treated each authority
Narbada Devi Gupta Vs. Birendra Kumar Jaiswal and Ors.Relied on¶30
Narbada Devi Gupta Vs. Birendra Kumar Jaiswal and Ors., (2003) 8 SCC 745 · Who else cites this
1 provisions across 1 enactments
Smt. Krisyna Devi W/o Shri Shravan Soni
Shubham S/o Shri Shravan Soni
Gautam Soni S/o Shri Narotam @ Nirotam Soni
Priyanka D/o Shri Shravan Soni
Dezi D/o Shri Shravan Soni
Kiran Bala W/o Shri Jagdish Kumar Soni
Rekha Borana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
