Supreme Court · 2004 INSC 419 · Decided 4 August 2004
SMT. Dayamathi Bai v. Sri K.M. Shaffi
- Court
- Supreme Court of India
- Citation
- 2004 INSC 419 · [2004] SUPP. 3 S.C.R. 336
- Case number
- CIVIL APPEAL No. 2434/2000
- Decided
- 4 August 2004
- Bench
- ASHOK BHAN, S.H. KAPADIA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC; Evidence Act Section 65, 90
Headnote
Code of Civil Procedure, 1908-0rder XIJJ Rule 3 : Evidence Act, 1872-Section 65 : Civil suit-Production of secondary evidence-No objection raised against the evidence at trial stage-Objection to mode of proof at appellate stage-Permissibility of such objection-Held: Mode of proof falls within to the record and not at appellate stage. Respondent-plaintiff filed a suit for declaration that the suit plot was his and his brother's absolute property and sought injunction restraining the appellant-defendant from entering the suit property. According to the respondent the title came t!l
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