Public Document Itself Can't Be Taken On Record When There Is No Pleading In That Regard

The Jharkhand High Court ruled that a public document cannot be admitted as evidence if there is no pleading to that effect.

The court was hearing a petition challenging a Trial Court order allowing a defendant’s application under Order XLI Rule 27 of the CPC to adduce a death certificate.

The court found there was no mention in the pleadings that their mother had died before executing the 1973 sale deed, so the document was not allowed as evidence.

The court emphasized that evidence must be supported by pleadings, and the petition was allowed in favor of the plaintiff.