Anjan Kumar Goswami Son of (Late) Shri Pradyumn Kumar Dev Goswami v. Thakur Ji Shri Govind Dev Ji Maharaj Virajman City Palace
Case brief
What is this about?
High Court allowed a writ petition setting aside trial court orders for admission of secondary evidence. The Court held that secondary evidence under Section 65 Evidence Act is inadmissible when original documents lie in other pending suits between the same parties and are movable within the court's reach.
What did the court decide?
Impugned orders dated 02.08.2019 and 10.01.2024 allowing secondary evidence were set aside. Plaintiff may retrieve originals via Order 13 Rule 9 CPC.