Ashiyabi & Ors vs Abu Bakar Khan & Ors
2025 Latest Caselaw 1844 Ori

Orissa High Court

Ashiyabi & Ors vs Abu Bakar Khan & Ors on 29 July, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                      IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   RSA No. 27 of 2023

            Ashiyabi & Ors.                 .....                           Appellants

                                                           Mr. T.K. Mishra, Advocate

                                            -Versus-
            Abu Bakar Khan & Ors.           .....                          Respondents



                                        CORAM:
                       THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA
                                                     ORDER

29.07.2025

Order No. 1. This matter is taken up through hybrid mode.

04. 2. Heard Mr. T.K. Mishra, learned counsel for the appellants.

3. Perused the impugned judgments. Considering the submissions made and the grounds raised, the second appeal is admitted on the following substantial questions of law.

"(i) Whether a money receipt exceeding Rs. 5,000/-

without any stamp is correct U/s. 30 of Indian Stamp Act 1899 basing upon which it is presumes that obligation to give receipt is complete?.

(ii) Whether a photocopy exhibited in a criminal case and after obtaining the certified copy of the said photocopy marked in a Civil Case with objection is a conclusive proof of evidence?

(iii) Whether without amending the original agreement can a subsequent plea be raised?

(iv) Whether without any pleadings can evidence lead by the party?

4. Issue notice to respondent by registered post with A.D.

returnable within four weeks. Requisites be filed within a week.

5. Call for the LCR.

4. List this matter in the month of February, 2026.

(Sashikanta Mishra) Judge

Order No. This application to adduce additional evidence shall be

05. considered at the time of hearing of the appeal.

(Sashikanta Mishra) Judge A.K. Rana