LAWS(RAJ)-2024-3-143

POONAM SHARMA Vs. DINESH KUMAR

Decided On March 01, 2024
POONAM SHARMA Appellant
V/S
DINESH KUMAR Respondents

JUDGEMENT

(1.) This petition is filed seeking quashing of order dtd. 4/11/2023 whereby, the application for producing secondary evidence filed by defendant-respondent was allowed.

(2.) The brief facts are that the petitioner filed a suit for permanent injunction. During the pendency of the suit, the application was filed by the defendant for bringing on record the Bahikhatas of Pandas in Haridwar (the ledgers maintained by Pandits in Haridwar recording the details of the person who had come after the death of the relative). The application was allowed on 4/11/2023 and the photostat copies of Bahikhatas were permitted to be taken on record. Hence the present petition.

(3.) Learned counsel for the petitioner submits that the defendant claims to be adopted by the mother of the petitioner and relies upon an adoption deed. The contention is that the defendant was 45 years of age when the adoption deed was executed. It is further argued that the Bahikhatas are movable and could have been produced in original.