PRAKASH CHANDRA GHOSH Vs. ARNAB GHOSH

JUDGEMENT

(1.) The defendant/petitioner in a suit for eviction of a licensee filed an application under Article 227 of the Constitution of India challenging an order being No. 49 dated 5th June, 2009 passed by the learned Civil Judge (Junior Division), 2nd Court at Howrah in Title Suit No. 127 of 2005 by which the learned Trial Judge refused to admit the xerox copy of the amicable settlement deed as an exhibit in the suit as per section 65 of the Evidence Act. It is alleged by the defendant that the elder brother of the defendant was the custodian of the original deed of amicable settlement. The defendant wanted to rely upon the said xerox copy of deed to support his defence in the said suit.

(2.) Since the elder brother of the said defendant was the custodian of the original document, the elder brother of the defendant was called upon to produce the original document in the suit so that the said deed can be admitted into evidence.

(3.) The elder brother of the said defendant deposed as D.W. 2 in the said suit. He stated that the original document was somehow misplaced from their custody. He further stated that the xerox copy which was shown to him was prepared on 26th January, 2003 in presence of all the brothers and sisters.