Punjab and Haryana High Court Sets Aside Order Allowing Secondary Evidence in Land Ownership Dispute

In a significant ruling, the Punjab and Haryana High Court, presided over by Justice Alka Sarin, overturned an order that allowed the presentation of secondary evidence in a contentious land ownership case. The judgment, delivered on 4th July 2023, emphasized the need to establish the existence and loss of the original document before admitting secondary evidence.

The case, Phool Kumari v. Satnarain & Others, revolved around a dispute concerning joint ownership of a piece of land. The plaintiff-petitioner, Phool Kumari, had filed a lawsuit seeking a declaration of joint ownership, while the defendants claimed entitlement under a will executed in 1988. However, the defendants were unable to produce the original will and instead sought to rely on a photocopy.

Justice Alka Sarin, in her ruling, highlighted the legal requirement to prove the existence and execution of the original document before admitting secondary evidence. Quoting from the judgment, she stated, "Secondary evidence cannot be admitted without establishing the existence and loss of the original document." The court further emphasized that mere assertions of possession by one of the defendants were insufficient to meet this requirement.

The decision by the High Court effectively set aside the earlier order allowing the secondary evidence. The court concluded that the absence of evidence regarding the existence of the original will rendered the order permitting the presentation of secondary evidence as erroneous.

This ruling highlights the importance of adhering to the evidentiary requirements when seeking to present secondary evidence. It establishes a clear precedent that the original document's existence and loss must be proven before considering the admissibility of secondary evidence.

The judgment referred to several relevant legal precedents, including Smt. J. Yashoda v. Smt. K. Shobha Rani (2007) and M/s Parkash Chand Kapoor Chand v. Inderjit Singh & Ors. (2006), which emphasized the primacy of the original document and the need for its proper establishment.

The High Court's decision serves as a reminder of the crucial role evidence plays in legal proceedings, safeguarding the integrity and fairness of the justice system.

Date of Decision: 4th July 2023

Phool Kumari vs Satnarain & Others 

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