ARATI BHARGAVA Vs. KAVI KUMAR BHARGAVA DECD

JUDGEMENT

(1.) This is an application by the plaintiff under Order 13 Rule 2 of the Code of Civil Procedure for permission to place on record an application moved by Shri K.K.Bhargava on March 20, 1990 before the Assessor and Collector, Municipal Corporation of Delhi, Central Zone, Lajpat Nagar, New Delhi and to prove the same by summoning the record from the office of the Assessor & Collector, Municipal Corporation of Delhi.

(2.) The application has been vehemently opposed by the defendant: It has been urgend for and on behalf of the plaintiff that the case of the plaintiff is that she is a tenant on the First and the second floor of the property bearing No. E 15-16, Nizamuddin West, New Delhi. She was inducted as a tenant therein by her mother Mrs. Savitri Devi Bhargava on August 1, 1984, whereas this fact has been denied by the defendant. The plaintiff applied for a certified copy of the letter dated March 20, 1990 adverted to above, on September 2, 1998. A photocopy of the same has been issued from the record of the office of the Assessor and Collector. The plaintiff thus wants that the same be taken on record and be allowed to be proved by summoning the record from the office of the Assessor and Collector.

(3.) Learned counsel for the defendant has contended that the document which is sought to be produced is a photocopy the genuineness of which cannot be guaranteed. The same cannot be proved. It is inadmissible in evidence in the absence of the original. Shri K.K.Bhargav never wrote any letter to the Assessor and Collector. It is a forged and fabricated document. The application is false and frivolous and is liable to be dismissed. I have heard the learned counsel for both the parties at sufficient length and have very carefully examined their rival contentions and have given my anxious thoughts thereto.