Case Analysis: Surinder Kaur V. Mehal Singh And Ors. (2013)
- IJLLR Journal
- Apr 4
- 1 min read
Chehak Goel, Symbiosis Law School, Nagpur
Prateek Parashar, Symbiosis Law School, Nagpur
CITATION (SCC): 2013 SCC Online P&H 25417: (2014) 1 RCR (Civil) 467: (2014) 1 ICC 1033
CITATION (Manupatra): MANU/PH/3614/2013 COURT: High Court of Punjab and Haryana
CORAM: Paramjeet Singh, J.
DECIDED ON: 04.12.2013
INTRODUCTION
The admissibility of evidence depends on the credibility or probative value, and authenticity it holds. So, generally, evidences are categorised into primary and secondary evidence. Primary evidence is that hold a primary value, and standard, therefore, is the most preferred form of evidence to be presented in court, if proved to be genuine. But when primary evidence is not available with the presenter, then they seek permission to present secondary evidence. But admissibility of secondary evidence has various conditions that need to be fulfilled. Therefore, to understand those conditions and properties of secondary evidence, the present case analysis will provide insight into this subject matter.
FACTS OF THE CASE
The Petitioner earlier filed a civil suit before Civil Judge of trial court of Amritsar, for partition of property belonging to her deceased father, Dara Singh. She claimed that 1/7th share of that property belongs to her. But on other hand, the Respondents, who are sons of deceased, challenged the suit by relying on an existing “Will” dated 09.09.1992, that was executed by their father in their favour.
