NDLI: C. Doddanarayana Reddy (dead) By Lrs. & Ors. Vs. C. Jayarama Reddy (dead) By Lrs. & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Evidence Act Suit for partition
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Code of Civil Procedure, 1908 (5 of 1908) Indian Evidence Act, 1872 (1 of 1872)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Evidence Act, 1872: s.35 – Entry recording date of birth in school register – Suit for partition and separate possession of share in suit property based on claim that plaintiff was minor at the time of death of his father in 1963 and that he continued as a member of joint Hindu family – To prove that he was minor, plaintiff produced school leaving certificate – Trial court dismissed the suit accepting the case of defendant that in 1963, plaintiff demanded and wished to separate himself from the joint Hindu family and executed a release deed and severed all connections with joint Hindu family after receiving Rs.5000 for his share and relinquished all his rights in the family and started staying at his in- laws house – Trial court did not rely on the date of birth of plaintiff mentioned in the school leaving certificate as the same was not put by the head master of the school nor the head master was examined to prove the contents of the certificate – First appellate court upheld the order of trial court – High Court returned a finding that the plaintiff was minor and school leaving certificate was admissible as proof of age under s.35 of the Evidence Act and that since the plaintiff was minor on the date when the release deed was executed in 1963, therefore, such deed was null and void – On appeal, held: The plaintiff produced photocopy of the certificate on the records of appeal – Such certificate did not show that it was certified copy of a public document as contemplated by s.76 of the Act – The person who recorded the date of birth in the school register was also not examined – No official from the school nor any person proved the signatures of his father on such certificate – Apart from the self- serving statement, there was no evidence to show that the entry of the date of birth was made by the official in-charge, which alone would make it admissible as evidence under s.35 of the Evidence Act – The fact that plaintiff left village and stayed in the house of his father-in-law was admitted by him when he appeared as PW- 1 – The onus was on the plaintiff to prove that he was a minor at the time of execution of release deed which he failed to prove and, therefore, his suit was rightly dismissed by the trial court and the first appellate court – High Court committed a grave error in interfering in the second appeal by merely taking a different view on the basis of same evidence on the basis of which both the trial court as well as first appellate court held that plaintiff has failed to prove his date of birth – Code of Civil Procedure, 1908 – s.100.Evidence Act, 1872: s.76 – Public document – Held: s.76 of the Act gives a right to any person to demand a copy of a public document on payment of a fee together with the certificate written at the foot of such copy that it is a true copy of such document – Certified copies may be produced in proof of the contents of the public documents or parts of the public documents of which they purport to be copies.Code of Civil Procedure, 1908: s.100 – Second appeal, scope of interference – When any concurrent finding of fact is assailed in second appeal, the appellant is entitled to point out that it is bad in law because it was recorded de hors the pleadings or it was based on no evidence or it was based on misreading of material documentary evidence or it was recorded against any provision of law and lastly, the decision is one which no Judge acting judicially could reasonably have reached.
Judge	Hon'ble Mr. Justice Hemant Gupta
Neutral Citation	2020 INSC 185
Petitioner	C. Doddanarayana Reddy (dead) By Lrs. & Ors.
Respondent	C. Jayarama Reddy (dead) By Lrs. & Ors.
SCR	[2020] 1 S.C.R. 627
Judgement Date	2020-02-14
Case Number	2165

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C. Doddanarayana Reddy (dead) By Lrs. & Ors. Vs. C. Jayarama Reddy (dead) By Lrs. & Ors.

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C. Doddanarayana Reddy (dead) By Lrs. & Ors. Vs. C. Jayarama Reddy (dead) By Lrs. & Ors.

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