MOTIRAM Vs. RENUKA PODDAR & OTHERS

JUDGEMENT

(1.) This is defendant's Second Appeal against the judgment and decree dated 03.02.2000 passed by 3rd Additional District Judge, Bastar, Jagdalpur in Civil Appeal No. 25-A/99, affirming the judgment and decree dated 18.3.1999 passed by Civil Judge, Class II, Kondagaon in Civil Suit No. 26-A/97 decreeing the plaintiff's suit.

(2.) The trial Court decreed the plaintiffs' suit on the basis of sale deed (Ex.P-1) whereas the first appellate Court affirmed the same by dismissing the defendant's appeal.

(3.) Shri Vishnu Kosta, learned counsel appearing for the appellants would submit that the trial Court has committed grave legal error in admitting the document Ex.P-1c i.e. certified copy of the sale deed as a piece of evidence in absence of the original sale deed, which was not produced by plaintiffs before the trial Court and no foundation was led for secondary evidence. He would further submit that the first appellate court has further committed illegality in dismissing the appeal filed by the defendant.