M.G. ABDUL JALEEL Vs. D. NAZEER AHAMED

JUDGEMENT

(1.) The petitioner being the plaintiff in O.S.No.121/2015 for a decree of cancellation of a particular document is knocking at the doors of the Writ Court for laying a challenge to the order dated 02.01.2019 made by the learned Senior Civil Judge, Somwarpete, a copy whereof is at Annexure-A, whereby the four applications in I.A.Nos.XI to XIV where under, he has sought for reopening of the case for the production of additional evidence namely a xerox copy of the subject agreement have been dismissed. The respondents after service of notice having entered appearance through their counsel, resist these Writ Petitions.

(2.) The learned counsel for the petitioner vehemently contends that the impugned order is infected with several legal infirmities which are apparent on its face; the Court below has failed to see that the secondary evidence of primary documents can be adduced subject to certain conditions; the xerox copy of the subject document is also a secondary evidence; in the cross-examination of D.W.1, he has denied, there being any such agreement at all; that being the admitted position, the foundation for production of secondary evidence is thus laid and therefore the petitioner's applications ought to have been favoured. So arguing, he seeks allowing of these Writ Petitions.

(3.) The learned counsel for the contesting respondents opposes these Writ Petitions with equal vehemence contending that the xerox copy of a document ordinarily is not a secondary evidence at all; even otherwise also, no foundation having been laid for the production of the secondary evidence, no fault can be laid at the threshold of the Court below; impugned order being the product of the exercise of the discretionary power, ordinarily, the Writ Court does not undertake a deeper scrutiny of the same. So contending, he seeks dismissal of these Writ Petitions.