Application under section 151 of cpc

manish khetan (Querist) 05 October 2012 This query is : Resolved
my land was sold by forged signatures and criminal case is pending. i have filed a civil suit against the purchaser for declaration, possesion and permanent injunction. During the case, I applied under order 13 rule 10 cpc to call original records from criminal court to prove the case by primary evidence. The same was rejected after hearing and court supported the objection of defendent and it was ordered that the case can be proved by certified copies and it is not necessary to call original records.I moved another application for the same under sec.151 cpc which was again rejected on the ground that the court can not review its own order and it is already time barred for the review (although the same was not a review)Defendent again objected and submitted that secondary evidence is sufficient.Recently I have again filed an application u/s151 cpc pending for arguement if this also gets rejected then kindly advice
(1) Can I move an application for permission of certified copies to be exhibited u/s 65(c) of evidence act?
or
(2) Should I file a writ under article 227 of the constitution with the high court?

We have been advised that if we prove our case through secondary evidence then it will be quashed in the first or second appeal.what should we do please enlighten us.

Follow Query

Report Abuse

Devajyoti Barman (Expert) 06 October 2012
1.Certified copies are always liable to be exhibited during trial , you need no separate application to be filed for that.

2. No need, you have already wasted enough time with needless applications.

Adv.R.P.Chugh (Expert) 06 October 2012
Certified Copies are secondary evidence. Certified Copies also carry the presumption of genuinity. Let Certified Copies be exhibited. Won't harm your case on merits.

prabhakar singh (Expert) 06 October 2012
Certified copies are issued for all documents kept officially under Registration Act and they can be read in evidence.

File them without any more application.

Guest (Expert) 06 October 2012
In legal parlance, once the case is set on wrong direction, it becomes quite difficult to set that on the right track.

venkatesh Rao (Expert) 06 October 2012
Certified copies are issued by the competent authority who is in acual and constructive possession of original of the same. The can be relied on in evidence and you may produce them.

It is very much hypothetical that if a document is proved under secondary evidence, as a matter of course, will be nullified by the superior courts. If this analogy holds good always, then where is any necessity of producing certified copies?

Arun Kumar Bhagat (Expert) 05 November 2012
You should proceed with secondary evidence as you have tried your level best to prove your case by primary evidence.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries