SARLA AGRAWAL Vs. PRAKASH CHANDRA AGRAWAL

JUDGEMENT

(1.) THIS petition filed under Article 227 of the Constitution challenges the order dated 29.1.2009 (Annexure P -1).

(2.) THE Court below by this order allowed the application preferred by the respondent/applicant under section 65 of the Evidence Act. The respondent produced photocopy of the document dated 7.6.1993 and photocopy of affidavit which were taken as secondary evidence.

(3.) SHRI A.V. Bharadwaj criticized this order by contending that the Court below by order dated 10.5.2006 disallowed the very same documents and refused to treat them as secondary evidence. In absence of any justifiable reason, it was not open for the Court below to allow the same documents. In addition, it is contended that the said documents cannot be treated as secondary evidence.