RAKESH KUMAR LODHI Vs. STATE OF M.P.

JUDGEMENT

(1.) This Writ Petition under Article 227 of the Constitution of India is directed against the order dt.22/1/2013 (Annexure P/1), by which the trial court has allowed the application filed by the plaintiff under Sec. 65 (c) of the Evidence Act for taking the secondary evidence on record.

(2.) The facts necessary for disposal of the instant Writ Petition, in nutshell, are to the effect that earlier similar application was filed for taking on record same secondary evidence i.e. certified copy of document, but was rejected on 25/8/2012 with the observation that the plaintiff may apply for certified copy of the document from the office of SDO as the alleged document was said to be an order passed by SDO Basoda on 27/3/1985. It further appears that second application has been filed before the Court below on 29/10/2012 with averment that an application was filed in the office of Collector, the appellate authority. An endorsement has been made by the copying sec. on the overleaf portion of the application that the original copy of the order i.e. 27/3/1985 is misplaced and not traceable. One certified copy of that order was issued on 1/4/1985.

(3.) Trial Court by the impugned order has allowed the application under Sec. 65 (c) of the Evidence Act.