INDIA INFORMATION TECHNOLOGY LTD Vs. ANIL SHARMA

JUDGEMENT

(1.) ORDER impugned is the order dated 13.8.2007; the application filed by the petitioner under Section 65 of the Evidence Act seeking permission of the court to lead secondary evidence had been declined.

(2.) RECORD shows that the present suit is a suit for recovery filed by the erstwhile employer of Anil Sharma against the petitioner/defendant seeking recovery of certain monies which were due to the plaintiff from his employer. Written statement had been filed by the defendant along with which photocopies of certain documents had also been filed which were the same photocopies which were now sought to be proved through secondary evidence. Prior to the filing of the application under Section 65 of the Indian Evidence Act, notice under Section 66 of the said Act dated 16.4.2007 had been issued to M/s IndusInd Media Pvt. Ltd.; details of the documents of which secondary evidence is sought to be proved are contained in para 5 of the said application. Contention of the defendant was that certain assets of defendant no.1 had been sold to M/s IndusInd Media Pvt. Ltd. in the year 1999-2000 and original document documents were handed over at that time by the defendant to M/s IndusInd Media Pvt. Ltd.. The aforenoted documents are lying with the said company; the photocopies of the said documents were filed along with the written statement but since the originals were not with the defendant the same could not be proved in evidence. Accordingly the present application had been filed.

(3.) ONE opportunity is granted to the defendant to lead his secondary evidence. It is made clear that only opportunity shall be granted for the said purpose and no other opportunity shall be granted for the said purpose.