LATA SHARMA Vs. K.R. SAINI AND ORS.

JUDGEMENT

(1.) The petitioner has invoked the power vested in this Court under Article 227 of the Constitution of India with a prayer to set aside the impugned order dated 25th July, 2015 whereby the prayer to summon the original title documents seized in case FIR No.544/2004, PS Sultan Puri has been rejected.

(2.) Learned counsel for the petitioner submitted that it is a case where the petitioner is a layman and her counsel failed to realize that without proving the title deed, the petitioner's case has to fail. Learned counsel for the petitioner has drawn the attention of this Court to the stage of defence evidence on 20.04.2015 when the original title deeds were summoned by the learned Trial Court for the purpose of confronting the defence witness. Limited prayer made before this Court is that the photocopies of the title deeds in favour of the petitioner, who is plaintiff in Civil Suit No.46/15, may be allowed to be proved in accordance with the provisions of Indian Evidence Act by summoning the original documents.

(3.) Learned counsel for the petitioner has also submitted that at the stage when evidence by way of affidavit was filed by the petitioner/plaintiff, photocopies of the title deeds were exhibited as Ex.PW-1/1 to PW-1/4. But when the affidavit was tendered, since the original documents were not produced, these documents were marked as Mark A to D. Learned counsel for the petitioner does not dispute that ample opportunities have been given by learned trial Court to the petitioner at all relevant stages but still the needful could not be done though the witnesses were also summoned along with the original title documents. The petitioner has prayed for one opportunity to prove the title deeds, photocopy of which has already been placed on record and form part of evidence by way of affidavit.