Dismissed

Shanti Lal Rampuria v. Tarachand Jatanlal Rampuria HUF

Rajasthan HC3 Sept 2024CW/14277/2024

Case brief

AI extract

What is this about?

This Court dismissed a writ petition challenging the Additional District Judge's rejection of an application under Section 65 of the Indian Evidence Act, 1872, to admit secondary evidence of a document not pleaded in possession of the plaintiff and not admitted by any witness.

What did the court decide?

Writ petition dismissed. Stay petition and pending applications disposed of.

Shanti Lal Rampuria Vs Tarachand Jatanlal… — Civil Procedure and Limitation | Rajasthan HC (2024)

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[2024:RJ-JD:36549]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 14277/2024

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Shanti Lal Rampuria S/o Late Roopchand, Aged About 71 Years, 57/2 Diamond Harbor Road, 3Rd Floor, Western Flat, Kolkata - 23.

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----Petitioner

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Versus

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Tarachand Jatanlal Rampuria Huf, Through Karta Jatan Lal Rampuria S/o Late Shri Sri Chand R/o Station Road Sujangarh At Present R/o 15, Noormal Lohiya Lane, Kolkata (West Bangal) 700007.

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Lrs Of Tarachand Rampuria, S/o Late Shri Sri Chand, Through-

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2/1. Asha Devi W/o Late Tarachand, Sujangarh At Present R/o 57/2, F Diamond Harbor Road, Kolkata (West Bangal) 700007.

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2/2. Pradeep S/o Late Tarachand, Sujangarh At Present R/o 57/2, F Diamond Harbor Road, Kolkata (West Bangal) 700007.

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2/3. Prem Devi D/o Late Tarachand W/o Ashok Kumar Duggar, At Present R/o C.l. 197 Salt Lake Sector-2 Near C.k. Market, Kolkata (West Bangal) 700007.

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2/4. Manju D/o Late Tarachand W/o Ummedmal Buccha, 1697, 30Th Cross, 15Th Main Banashankari 2Nd Stage Bangloru 560070.

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2/5. Aruna D/o Late Tarachand W/o Sushil Kumar Duggar, At Present R/o B-21 Shiv Marg Shiva Residency Flat No.407, Bani Park, Jaipur.

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2/6. Sunita D/o Late Tarachand, At Present R/o Jain Cloth Sadar Bazar, Ladnu, District Nagaur.

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Jatan Lal Rampuria S/o Late Shri Sri Chand, Station Road Sujangarh At Present R/o 15, Noormal Lohiya Lane, Kolkata (West Bangal) 700007 Karta Tarachand Jatan Lal Rampuria H.u.f.

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----Respondents

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For Petitioner(s) : Mr. Deen Dayal Chitlangi

(2 of 3)

[2024:RJ-JD:36549]

[CW-14277/2024]

HON'BLE MS. JUSTICE REKHA BORANA

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Order

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03/09/2024

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The present writ petition has been preferred against the order dated 05.08.2024 passed by the Additional District Judge, Sujangarh, District Churu in Civil Original Suit No.28/2010 whereby the application under Section 65 of the Indian Evidence Act, 1872 (hereinafter referred to as the ‘Act of 1872) as preferred on behalf of the petitioner defendant was rejected.

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Vide the above application, a prayer was made on behalf of the defendant to take the document dated 15.10.2006 on record and be permitted to be led as a secondary evidence.

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The learned Trial Court while rejecting the application specifically observed that the admission of PW-2 Khem Chand regarding the said document would not make any difference as he was not a party to the present suit.

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Further, the Court observed that the said document was not included in the list of the documents as filed on behalf of the defendant.

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Heard learned counsel for the petitioner and perused the material available on record.

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This Court concurs with the view of the learned Trial Court while considering the provisions of Section 65 of the Act of 1872. Admittedly, the document as sought to be taken on record is not pleaded to be in possession of the plaintiff nor any application for summoning the same from him was moved. Further, the said document has not been admitted by the plaintiff. The admission

[2024:RJ-JD:36549]

[CW-14277/2024]

(3 of 3)

on behalf of any of the witnesses could not make the document admissible in terms of Section 65 of the Act of 1872.

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This Court does not find any ground to interfere with the order impugned and the writ petition is hence, dismissed . 6. Stay petition and all pending applications, if any, stand disposed of .

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(REKHA BORANA),J

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21-Devanshi/-

Shanti Lal Rampuria v. Tarachand Jatanlal Rampuria HUF

Case brief

What is this about?

What did the court decide?

Shanti Lal Rampuria v. Tarachand Jatanlal Rampuria HUF

Case brief

What is this about?

What did the court decide?

What the court decided

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