SC To Examine If A Document Once Denied At Admission Under Order 8 Rule 1A(3) CPC Can Be Presented Again Under Section 65 Of Evidence Act
The Supreme Court has agreed to examine the question- whether a document that has been denied at the admission under Order 8 Rule 1A(3) and (5) of Code of Civil Procedure can be again presented by using the mandate of Section 65 of Indian Evidence Act.
The bench of Justice K.M. Joseph and Justice B.V. Nagarathna has issued notice in the matter.
As per the petitioner, an application under Order 8 Rule 1A (3) CPC was moved by the Respondent seeking permission to place on record an alleged authority letter which was first dismissed by the Trial Court and then by the High Court.
Later, the respondent allegedly presented the same document again under Section 65 of the Evidence Act by allegedly concealing fact or earlier dismissal. The Trial Court again dismissed the application by the respondent.
The Respondent challenged the dismissal of the application under section 65 of the Indian Evidence Act which came to be allowed by the High Court.
The petitioner has alleged that the High Court wrongly considered the fact that the authority letter was filed with the written statement and failed to consider the main issue involved in the matter which was already addressed by the High Court.
Advocates Aditya Jain, Bhavya Golecha, Shravi Garg represented the petitioner.
The Petitioner has averred that the High Court failed to consider the established principle of law that even otherwise once a document has been refused acceptance while raising doubt upon it, the law does not permit the party concerned to circumvent such situation by invoking other provisions.
The petitioner has prayed for an ad interim ex-parte stay of the operation of Impugned Judgment and final order passed by the High Court.
Cause Title- Balmukund Joshi v. Kalyan Sahay