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Jamuna Prasad & Ors. vs Shivnandan & Ors on 29 July, 2011
Ramavatar vs Lakhan on 22 January, 2024
In support of
his submissions, he placed reliance on decisions in the case of Dr.
Gurmukh Ram Madan vs. Bhagwan Das Madan (1998) 7 SCC 367; K.
Muthuswami Gounder vs. N. Palaniappa Gounder (1998) 7 SCC 327;
Kailashchandra vs. Damodar 2020 (2) MPLJ 40; Jamuna Prasad and
others vs. Shivnandan and others 2011 (4) MPLJ 427; & Rekha and
others vs. Smt. Ratnashree 2006 (2) JLJ 275 and prays for admission
of second appeal.
Paraschandra vs Rao Rajendrasingh on 28 January, 2025
In Jamuna Prasad and Others Vs. Shivnandan and Others, 2011 (4)
MPLJ 427 also it has been held by this Court that a sale deed is a private
document, but once it is registered, the record thereof maintained by the
Registering Officer is a public document and therefore a certified copy of the same
Signature Not Verified
Signed by: SHILPA
NAAGDEVE
Signing time: 29-01-2025
14:35:19
NEUTRAL CITATION NO. 2025:MPHC-IND:912
6 MP-7709-2023
can be given as secondary evidence of the existence, condition or contents of the
same. The same can be taken on record even in absence of laying any foundation
in that respect or having obtained prior permission to adduce secondary evidence
in that regard. However, mere production of the same would not by itself prove or
establish that the document was executed by the person named therein unless and
until proof of the same as required by Section 67 of the Evidence Act is produced.
It was held as under:
Subhash Kumar Sojatia vs Devilal Dhakad on 9 May, 2023
In support of his submission he has placed reliance upon the judgments of the
Hon'ble Apex Court in the case of Kaliya Vs. State of M.P. reported in
(2013) 10 SCC 758, in the case of Marwari Kumhar and others Vs.
Bhagwanpuri Guru Ganeshpuri and another reported in (2000) 6 SCC
735 and the judgment of this Court in the case of Damodar Singh Vs. State
of M.P. reported in ILR [2016] MP 1814 and in the case of Jamuna
Prasad and others Vs. Shivnandan and others reported in 2011(4) MPLJ
Krishnadevi Mishra vs Sunita Devi on 1 December, 2025
2. It is contended by counsel for the petitioner that the trial Court
recording that the petitioner can obtain certified copies of the sale deeds and
Signature Not Verified
Signed by: NAVEEN KUMAR
SARATHE
Signing time: 12/8/2025
1:41:02 PM
2 MP-6479-2025
revenue records which are public documents is erroneous because the
certified copies even if obtained may have certain sanctity attached to them
as per Sections 76 and 77 of Indian Evidence Act but still the petitioner
would be required to lead secondary evidence of the said documents because
these will not be original as held by a Coordinate Bench of this Court
in Jamuna Prasad v. Shivnandan, (2011) 4 MPLJ 427 . It is contended that it
is not possible for the petitioner-plaintiff to submit these documents in her
evidence on account of peculiar circumstances of this case.
Vishal Rahinj vs M/S Dayal Brothers Thru. Smt. Manju on 29 November, 2016
Ratnashree w/o Rajendra Kumar Jain reported in 2006
(1) MPLJ 103 and in Jamuna Prasad and others Vs. Shivnandan
and others reported in 2011 (4) MPLJ 427.
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