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Sh. Karamvir & Anr. vs Shri Maan Singh And Ors. on 13 May, 2014 cites

R.V.E. Venkatachala Gounder vs Arulmigu Viswesaraswami & V.P. Temple & ... on 8 October, 2003

In this regard, it is relevant to note that the cross-examination of the plaintiff has been conducted on 10.3.2011 and on 10.3.2011 before beginning of cross-examination, there is no objection recorded by the respondents/defendants (who are husband and wife) with respect to affidavit by way of evidence wrongly exhibiting the documents. I may also note that neither in the written statement filed nor in the affidavit by way of evidence which is filed on behalf of the defendant no.1 (husband of defendant no.2)/ Sh. Man Singh, it is stated that the documents which are relied upon by the appellants/plaintiffs are forged and fabricated documents. In any case, I do not think that the documents being registered power of attorney, house tax assessment order and the house tax receipt filed by the appellants/plaintiffs would be forged and fabricated because if that was so, the respondents/defendants would surely have summoned the officials from the relevant department to prove that the documents, which are in fact public records, are forged and fabricated. Therefore, in view of the ratio of the judgment of the Supreme Court in the case of R.V.E.Venkatachala Gounder Vs. Arulmigu Viswesaraswami & V.P.Temple & Anr. AIR 2003 SC 4548 it is held that the documents filed by RSA 27/2014 Page 3 of 12 the appellants/plaintiffs though are marked, the same would be exhibited and proved documents more so because authenticity of the same cannot be doubted inasmuch as they exist in the public records.
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