SHARMA BANDU, BEEDI NIRMATA v. M/S PERFECT TRADING COMPANY
CW/2948/2026 · 2026-02-18
Bipin Gupta
body2026
DailyLaw.ai
[ 2026 DAILYLAW 4521 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 4521 (RAJ) · dailylaw.ai ]
Judgment text
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[2026:RJ-JP:7671] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2948/2026 Sharma Bandu, Beedi Nirmata, Tripolia Bazar, Lalsot District Dausa Rajasthan, Through Proprietor Purushottam Sharma Son Of Radheshyam Sharma, Resident Of Tripolia Bazar, Lalsot District Dausa Rajasthan ----Petitioner Versus M/s Perfect Trading Company, Near Khaliliya Madrasa. Subhash Bazaar. Tonk Tehsil And District Tonk Rajasthan Through Proprietor Mukhtar Ahmed Son Of Shri Haji Ahmed Bakhsh, Age 53 Years, Resident Of Kalipaltan, Tonk, Currently Resident Behind Krishi Mandi, Tonk Rajsthan ----Respondent For Petitioner(s) : Mr. Akash Gupta For Respondent(s) :
HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 18/02/2026
1. The present writ petition has been filed assailing the order dated 16.01.2026, passed by learned Commercial Court No.3, Jaipur Metropolitan-II, Jaipur, whereby during the cross- examination of the plaintiff's witness, the petitioner raised objections on certain documents and contended that they are inadmissible in evidence for want of certificate required under Section 65-B of the Indian Evidence Act, 1872 and some being photocopied documents.
2. Considered.
[2026:RJ-JP:7671] (2 of 2) [CW-2948/2026]
3. This Court finds that learned Trial Court had already reserved both the objections and has held that the same will be considered at the time of final disposal of the suit.
4. It is a settled principle of law that merely exhibiting a document does not dispense with the requirement to prove the said document and also merely on account of the fact that the cross-examination has been conducted by the defendant will not absolve the plaintiff from his liability of proving the said document.
5. In view of above, this Court finds no error, so as to call for any interference in the impugned order dated 16.01.2026, in its writ jurisdiction under Article 227 of the Constitution of India.
6. With the above observations, the present writ petition is dismissed.
7. Pending application(s), if any, also stand disposed of.
(BIPIN GUPTA),J MAHIMA/9