NARSINGH Vs. SHRIPAT SINGH

JUDGEMENT

(1.) This petition filed under Article 227 of the Constitution is directed against the order dated 25.4.2011 passed by 4th Civil Judge, Class-II, Bhind in Case No. 42-A/2009, whereby the application of the petitioners/defendants preferred under Section 65 and 66 of the Evidence Act is rejected by the Court below.

(2.) In a suit for declaration and permanent injunction, the petitioners entered appearance and filed their written statements. Thereafter, they preferred application under Section 65 and 66 of the Evidence Act stating that on 12.6.2004 the meeting of Gram Panchayat, Ehrolighat was convened. A resolution was passed in the said meeting whereby the partition between parties was accepted. By placing photocopy of the said resolution, it is stated that the original of said resolution has been removed from concerned register of the Gram Panchayat and, therefore, this photocopy be treated as secondary evidence.

(3.) The plaintiffs filed its reply dated 5.4.2011. It is stated that the plaintiffs have never signed any partition deed. The photocopy is a fabricated document. It is prayed by the plaintiffs that photocopy is not admissible in evidence and the same be rejected.