BHANDARI RAM Vs. KUNWAR SAI

JUDGEMENT

(1.) Invoking jurisdiction of this Court under Article 227 of the Constitution of India, the petitioner/plaintiff herein seeks to challenge the order dated 21.6.2018 passed by the trial Court, whereby application preferred by him under Section 65 of the Indian Evidence Act, 1872 seeking permission to lead secondary evidence has been rejected by the trial Court holding that in order to lead secondary evidence application is not required to be filed and same is not maintainable in law.

(2.) Mr.Manoj Paranjape and Mr.Anurag Singh, learned counsel for the petitioner/plaintiff, would submit that though the trial Court is partly right in holding that for leading secondary evidence no separate application is required to be made, but thereafter fixed the matter for evidence holding the application to be not maintainable. They would further submit that the trial Court ought to have permitted the plaintiff to lead secondary evidence during course of trial in accordance with law.

(3.) On the other hand, Mr.Rakesh Pandey, learned counsel for respondent No.1, would submit that no separate application is required to be filed for leading secondary evidence. Therefore, the trial Court is absolutely justified in rejecting the application as not maintainable.