Judgment on Documents Needed in Civil & Criminal Cases

Judgment on Documents Needed in Civil & Criminal Cases

In a civil suit, a document has to be proved. The report of an expert is also required to be brought on record in terms of the provisions of the Evidence Act. Having regard to the provisions contained in Order XIII, Rule 8 CPC, the civil court would furthermore be entitled to substitute the original document by a certified copy. Therefore, the original document could have been called for.Parties hereto are co-sharers. Allegedly, a deed of partition was entered into by and between them on or about 28.11.2002. Questioning the genuineness of the said deed of partition, a suit for cancellation thereof was filed by the appellant therein. Indisputably, in relation thereto, a First Information Report was also lodged. During investigation, the Investigating Officer recovered the purported original deed of partition from the custody of the respondent.

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 2243 OF 2009

(Arising out of SLP (C) No.5026 of 2007)

Lakshmi & Anr. ... Appellants

Versus

Chinnammal @ Rayyammal & Ors. ... Respondents

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