(1.) BY this revision application, the applicant, who is plaintiff in suit No.227 of 2006 before the Wakf Board, at Aurangabad has challenged the order passed below Exhibit-71. The said application was moved by respondent No.3 with a request to allow secondary evidence in respect of an application and affidavit filed by the applicant-plaintiff before the respondent No.3. Accordingly, the said application came to be allowed and the application and affidavit are exhibited at Exhibit-90 and 91, respectively by the trial court.
(2.) HEARD. Rule. Rule made returnable forthwith. By consent of the parties, heard finally at the stage of admission.
(3.) ADMITTEDLY, though evidence of the applicant is over in the said suit, yet when the turn of defendant No.3 came, an affidavit of examination in chief of one Sanjay Kombade, Junior Engineer, Town Planning Department, came to be filed. Evidence of defendant No.3 is at Exhibit-77. In the evidence copies of letter and affidavit dated 06.05.1997 were tendered and were given Exhibit No.90 and 91. It is admitted by the said witness that the said copies were prepared from zerox copies. It further appears that an application was moved at Exhibit-71 to allow to lead secondary evidence under the provisions of section 63 and 65 of the Indian Evidence Act. The said application came to be allowed on 05.02.2010. The cross examination of the witness was over on 18.02.2010 and the present civil revision application came to be moved on 17.02.2010. It is urged that whether the said documents allowed to be exhibited can be treated as secondary evidence and can be read in the evidence. On the face of it, it appears that the application was decided before the evidence i.e. Cross examination of witness for defendant No.2 was over. In the premise it requires to consider as to whether the said documents can be treated as secondary evidence or not. Section 63 of the Indian Evidence Act is in respect of Secondary evidence, which reads thus -