Law: Specific Relief Act, 1877

Section: 42

Law: Civil Procedure Code (V of 1908)

Section: 115

Specific Relief Act, 1877 (I of 1877)-- ----S. 42--Civil Procedure Code, (V of 1908), S. 115--Suit for declaration--Dismissed--Denial of exchange mutation--Non-production of scribe--Non-production of original exchange deed--Evidentiary value of a certified copy of exchange deed--Withholding of witnesses--Challenge to--There is categorical denial on behalf of plaintiff that neither he had exchanged his property nor he appeared before any forum in this regard, nor he had seen property and even he had not been given possession of said property--During cross examination, assertion of plaintiff could not be shaken by petitioners while giving suggestions rather plaintiff stood on his feet qua his claim s could not produce witnesses of mutation--Identifier as well as scribe of document has also not been produced before Court s were duty bound to produce two marginal witnesses of deed as required under Art.  79 of Order to prove deed, however, they remained failed in this regard--Production of certified copy of a registered document may prove contents of original document, but merely showing as to what were contents of original document, is not sufficient in absence of proof of execution of original document--Defendants did not produce original exchange deed and have tendered attested copies of same without seeking permission of Court and evidentiary value qua certified copy of exchange deed would lose its importance and copy would not be sufficient to prove execution of original! documents--Judgment of appellate Court below is in accordance with law which does not call for any interference by High Court in exercise of its revisional jurisdiction in absence of any illegality or any other error of jurisdiction--Petition dismissed.                                                                                                                              …

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492