High CourtsSingle Bench(2019) 02 CHH CK 0305

Sohender Kaur vs Sarjeet Kaur And Ors

Chhattisgarh High Court · Decided on 19 February 2019

HON’BLE JUDGES
Sanjay K. Agrawal, J
RESULT
Disposed Of
CASE NUMBER
WP227 No. 134 Of 2019

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Judgment

10 paragraphs · 167 words

Sanjay K. Agrawal, J

1.

By the impugned order dated 23/01/2019, respondent No. 1/defendant No. 1's application under Section 65 of the Indian Evidence Act for adducing

secondary evidence has been allowed, against which instant writ petition under Article 227 of the Constitution of India has been preferred.

2.

Learned counsel for the petitioner/plaintiff would submit that the trial Court is absolutely unjustified in allowing the defendant's No. 1 application for

adducing incomplete photocopy of the partition deed as secondary evidence and, therefore, the impugned order is liable to be dismissed.

3.

I have heard learned counsel appearing for the petitioner at length.

4.

Be that as it may, the petitioner/plaintiff is at liberty to raise objection in this regard during the course of evidence, which will be considered by trial

Court in accordance with law.

5.

With the aforesaid liberty, the writ petition stands finally disposed off.

6.

Copy of the order be sent to the trial Court through concerned District Judge for compliance and needful.