High Court Punjab-Haryana High Court

Rajinder vs Om Parkash And Others on 21 August, 2009

Punjab-Haryana High Court
Rajinder vs Om Parkash And Others on 21 August, 2009
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH


                                Civil Revision No.4724 of 2009 (O&M)

                                Date of Decision : 21.08.2009


Rajinder                                                 .....Petitioner
      versus
Om Parkash and others                                    .....Respondents


CORAM : HON'BLE MR.JUSTICE SURYA KANT.


Present : Mr.N.K.Malhotra, Advocate, for the petitioner.

                         -.-

1. Whether Reporters of Local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?

                         ---

                         ORDER

Surya Kant, J. (Oral)

This revision petition is directed against the order dated

25.7.2009 passed by the Civil Judge (Junior Division), Hansi, whereby the

respondent-defendants have been permitted to lead secondary evidence to

prove an alleged affidavit dated 6.6.2005.

While permitting the respondent-defendants to lead secondary

evidence, the trial Court has consciously observed, that the admissibility of

the document shall be decided later on because respondent-defendant shall

not be absolved of the liability to prove the document. In this view of the

matter, no interference with the impugned order is called for except to
C.R. No.4724 of 2009 2

wipe out the apprehension expressed by the counsel for the petitioner that

photostat copy of the said document has already been exhibited and,

therefore, the Court shall consider the same as a piece of evidence.

Suffice it to say that mere exhibition of a document does not

make it admissible in evidence unless such document and/or its contents

are proved in accordance with law.

Dismissed.

21-08-2009                                            (SURYA KANT)
  Mohinder                                                JUDGE