ASHOK KUMAR Vs. MUNICIPAL BOARD

JUDGEMENT

(1.) The petitioners-plaintiffs have assailed the order dated 25.01.2019 passed by the learned trial Court rejecting the application filed by them under Section 65 of the Indian Evidence Act, 1872 (for short "the Act of 1872").

(2.) The facts in brief are that the petitioners filed a suit for declaration and permanent injunction praying therein that the patta bearing No.1455 dated 25.02.2014 issued by the Nagar Palika Mandal, Kotputli in favour of the respondent No.5 may be declared null and void against his rights with consequential relief of permanent injunction. During trial, the petitioners sought to lead secondary evidence with regard to certified copy of the patta dated 25.02.2014 as well as certified copy of the registered gift deed, which did not find favour with the learned trial Court.

(3.) Assailing the order impugned dated 25.01.2019, it is contended by learned counsel for the petitioners that the documents in question fell within the definition of "public documents" under Section 74(2) of the Act of 1872 and hence, it was permissible for them to lead secondary evidence with regard to same under Section 65(e) of the Act of 1872. He further contended that original patta dated 25.02.2014 was undisputedly with the respondent No.5 as it was issued in his favour and hence, even otherwise also, the learned trial Court ought to have permitted them to lead secondary evidence in this regard in absence of any dispute by the defendants as to its genuineness or authenticity.