LAL SINGH Vs. SUBA

JUDGEMENT

(1.) Civil Miscellaneous No. 3825-C of 1991 was filed under Order 41 Rule 27 read with Order 11 Rule 14 and Section 151 of the Code of Civil Procedure for placing on record the uncertified copy of judgment and decree passed in Civil Suit No. 325 of 1974 titled Som Nath v. Suba, dated 17.4.1978 which was ordered to be heard alongwith the main case. The judgment and decree in case titled Som Nath v. Suba is sought to be adduced in evidence with a view to urge that in a similar situation identical plea had been raised by the defendants that they have lost/misplaced the original document and so permission be granted to adduce secondary evidence. The Court in that case decided against the defendants. Reply to the application was filed by respondents No. 1 and 2.

(2.) Having heard the parties, I am of the view that the application for adducing additional evidence and that too uncertified copy of the judgment and decree in another case is nothing but an attempt to mislead the Court or prejudice. Such a document is neither relevant nor admissible in evidence. Thus, finding no merit in this civil miscellaneous, the same is dismissed.

(3.) This is unsuccessful plaintiff's regular second appeal.