Trace Your Case

ISSUE:

Whether the uncertified copy of the 1948 judgment could be admitted as evidence, considering that the original judgment was lost?

Whether the earlier judgment, which affirmed the appellants' title to the property, is binding on the respondents, preventing them from challenging the appellants' title in the current suit?

Whether the respondents could claim ownership of the property by adverse possession, despite the prior judgment that established the appellants’ title?

RULE:

Admissibility of Secondary Evidence: Under Section 65(c) of the Evidence Act, an uncertified copy of a public document is admissible as secondary evidence if the original is lost or destroyed.

Res Judicata: A final judgment is binding on the parties under the principle of res judicata, preventing them from re-litigating the same issue.

Adverse Possession: To claim ownership by adverse possession, the party must show that their possession was hostile and adverse after the relevant judgment.

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