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Scindia Potteries & Services Pvt … vs Scindia Investment Pvt Ltd on 11 October, 2017

1. Allowed, subject to just exceptions.
2. The application stands disposed of.
CM(M) 1119/2017 & CM No.36442/2017 (for stay).
3. This petition under Article 227 of the Constitution of India impugns
the order (dated 7th July, 2017 in Suit No.9096/16 of the Court of Additional
District Judge-05, South District, Saket Courts, New Delhi) allowing the
application filed by the respondent / plaintiff under Section 65 of the Indian
Evidence Act, 1872.
4. The grievance of the petitioner / defendant is that though the
petitioner / defendant cited the dicta of this Court in Prem Chandra Jain Vs.
Sri Ram 2009 SCC OnLine Del 3202 holding that an application under
Section 65 of the Indian Evidence Act is misconceived but the learned
Additional District Judge ignoring the said judgment has proceeded to grant
permission to the respondent / plaintiff to lead secondary evidence to prove
letters dated 5th October, 1989 and 7th February, 1990.

Source: Indian Kanoon


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