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2026 DAILYLAW 20177 (RAJ)

SMT. KAMLA DEVI W/O SHRI KEDARLAL SHARMA v. DAMODAR LAL SHARMA S/O SHRILAL SHARMA

CW/20882/2025 · 2026-01-29

Bipin Gupta

body2026

Judgment text

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[2026:RJ-JP:3993] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 20882/2025 1. Smt. Kamla Devi W/o Shri Kedarlal Sharma, Aged About 61 Years, R/o Banwaripur Mod, Shri Mahavir Ji, Distt. Karauli (Rajasthan) 2. Kedar Lal Sharma S/o Shrilal Sharma, Aged About 65 Years, R/o Banwaripur Mod, Shri Mahavir Ji, Distt. Karauli (Rajasthan) ----Petitioners/Defendants Versus 1. Damodar Lal Sharma S/o Shrilal Sharma, Aged About 55 Years, R/o Banwaripur Mod, Shri Mahaveer Ji Distt. Karauli (Rajasthan) 2. Jay Kumar Sharma S/o Shrilal Sharma, Aged About 54 Years, R/o Banwaripur Mod, Shri Mahaveer Ji Distt. Karauli (Rajasthan) 3. Chajulal Sharma S/o Jagdish Prasad Sharma, Aged About 50 Years, R/o Banwaripur Mod, Shri Mahaveer Ji Distt. Karauli (Rajasthan) 4. Radhamohan Sharma S/o Jagdish Prasad Sharma, Aged About 48 Years, R/o Banwaripur Mod, Shri Mahaveer Ji Distt. Karauli (Rajasthan) ----Respondents/Plaintiffs For Petitioner(s) : Mr. L L Gupta with Mr. Lakshya K. Sharma For Respondent(s) : HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 29/01/2026 1. The present writ petition has been filed assailing order dated 15.07.2025, passed by learned Civil Judge, District Karauli, in Case No. 03/2020, whereby, the application under Section 65 of the Indian Evidence Act, 1872, filed by the respondents-plaintiffs has been allowed and a photocopied document dated 27.05.2006 has been permitted to be exhibited. However, by the same order, the learned Court below has protected the right of the petitioner- [2026:RJ-JP:3993] (2 of 2) [CW-20882/2025] defendant in regard to any objection raised on the ground of admissibility and proof of the said document. 2. Learned counsel for the petitioner submits that once the document has been permitted to be read in secondary evidence then, the learned trial Court will not consider any objection to the effect that whether simplicitor a photocopied document can be taken into evidence or not. 3. Heard. 4. This Court on perusal of the impugned order observe that already the learned trial Court is aware of the fact that the document which is being exhibited is a photocopied document and the learned trial Court has left open for the defendant-petitioner to argue on the point of admissibility as well as proof of the said document and it was left open to be decided at the stage of final hearing. 5. This Court also finds that the apprehension of the defendant- petitioner is without any basis. However, it is made clear that the learned trial Court shall consider the objection of the defendant- petitioner to the effect that whether a photocopied document can be read in secondary evidence or not at the stage of final hearing of the suit. 6. With the aforesaid observations, the present Civil Writ Petition stands disposed of. 7. Pending application(s), if any, also stand disposed of. (BIPIN GUPTA),J MAHIMA/KRATIKA/1