STATE OF KARNATAKA Vs. EMERALD HAVEN ESTATES LTD

JUDGEMENT

(1.) Petitioners are before this Court under Article 227 of the Constitution of India assailing the order dated 28-04-2018 passed in Misc. No.937/2017 by the XXII Additional City Civil and Session Judge, Bengaluru.

(2.) The brief facts of the case are:

(3.) In pursuance of the above order of the Hon'ble Supreme Court, the respondent herein filed claim petition before the District Judge i.e., City Civil and Session Judge, Bangalore which is registered as Miscellaneous No.937/2017. In response to the notice, the petitioners filed detailed objections to the claim petition. Thereafter, the District Judge proceeded to record the statements on behalf of the parties. The respondent, during the course of enquiry sought to mark the photocopy of handwritten proceedings of the Government of His Highness of Maharaja of Mysore dated 31-01-1894 (Annexure-F to the writ petition) and a photocopy of the agreement dated 24-06-1957 (Annexure-G to the writ petition) as exhibits. Petitioners objected to those documents being marked in the proceedings on the ground that those documents are inadmissible under the provisions of Indian Evidence Act, 1872. The petitioners contended that the documents produced are not copies of the original and do not contain the original signature or otherwise certification with regard to proceedings dated 31-01-1894. According to the petitioners, they are neither primary nor secondary evidence. Therefore, they are inadmissible in law. With regard to the agreement dated 24-06-1957 is concerned, the petitioners contended that it is not even stamped and does not bear the signature. According to the learned counsel for the petitioners both the documents are photocopies.