The Bombay High Court stated that there is no permission required for leading a secondary evidence before any court under the Evidence Act. This observation was made while hearing a writ petition against an order of a trial court wherein an early application under Section 65 of the Evidence Act was filed seeking ‘permission’ for proving contents of a lease deed
Tag: application
No Bar For Filing Application Under Order 1 Rule 10, Even When That Filed Under Order 22 Rule 4 Of CPC Is Dismissed As Not Maintainable: Supreme Court
The Supreme Court in Pankajbhai Rameshbhai Zalavadia vs Jethabhai Kalabhai Zalavadiya (Deceased) through LRs & Ors. held that there is no bar for filing the application under Order 1 Rule 10, even though the application under Order 22 Rule 4 of the CPC was dismissed as not maintainable. Earlier the trail court had dismissed the application filed earlier under Order 22