GOPAL MEENA Vs. RAGHUVEER

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed against the order dtd. 14/11/2018 passed by Civil Judge Class-I, Khirkiya, District Harda in Civil Suit No.6-B/2017 by which an application filed by the respondent under Sec. 65(c) of the Evidence Act seeking permission to lead secondary evidence has been allowed.

(2.) The facts necessary for disposal of the present petition, in short, are that the respondent has filed a suit for recovery of Rs.1,00,000.00 on the ground that the petitioner had taken a loan of Rs.1,00,000.00 and in lieu of that he had given a Cheque No. 118792 dtd. 30/7/2015. It was further alleged that the respondent had prayed for payment of money but on one pretext or the other, the petitioner continued to avoid the same. In spite of service of registered notice dtd. 13/2/2017, neither the reply was sent nor the amount mentioned in the cheque was paid.

(3.) It appears that the respondent filed an application under Sec. 65(c) of the Evidence Act for seeking permission to lead secondary evidence by producing photocopy of the cheque on the ground that the original cheque has been lost. The said application was vehemently opposed by the petitioner.