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by Admin
07 May 2024 2:49 AM
In a significant ruling that underscores the importance of photographic evidence in civil litigation, the High Court of Delhi, led by Hon’ble Justice Manmeet Pritam Singh Arora, has set a precedent in the careful examination and admittance of such evidence in legal disputes.
The judgment, dated November 20, 2023, revolved around a contentious civil suit where the petitioner, Vikas Mohan, sought to introduce three black and white photographs to establish the pre-existence of a structure, termed ‘kholki’, which was at the heart of the dispute. The decision to allow these photographs as evidence came after meticulous consideration of their relevance to the case.
Justice Arora, in her observation, highlighted the significance of these photographs, stating, “the said photographs would be relevant for adjudicating the rival claims of the parties; subject to the Petitioner proving the said photographs in accordance with law.” This statement not only allowed the submission of the photographs into evidence but also set a benchmark for the standard and relevance of photographic evidence in civil litigation.
The judgment further addressed the issue of the delay in submitting evidence, emphasizing that the trial court should consider the impact of this delay on the credibility of the evidence during evaluation. Despite the delay, the court found it imperative to include the photographs for a comprehensive understanding of the case.
The court also imposed a cost of Rs. 20,000 on the petitioner for the procedural delay, reflecting the court’s stance on ensuring adherence to procedural norms and timeliness in legal proceedings.
This decision has been perceived as a significant move in legal circles, as it reinforces the role of photographic evidence in unraveling the truth in legal disputes, especially in civil cases where the burden of proof plays a crucial role.
Date of Decision: 20 November 2023
VIKAS MOHAN VS RAJINDER SINGH (DECEASED)
