SANTOSH KUMAR Vs. PRABHA BAI

JUDGEMENT

(1.) This petition filed under Article 227 of the Constitution impugns the order dated 21.12.2012 (Annexure P/1) whereby the court below has rejected an application filed by the petitioner under section 65 of the Evidence Act. The petitioner filed the said application and prayed for taking photocopy of a letter/ communication dated 17.05.1975 on record with a further prayer that the said document may be treated as a secondary evidence.

(2.) Shri Ayush Choubey, learned counsel for the petitioner submits that necessary ingredients for treating the said document as secondary evidence were satisfied and, therefore, the court below should have allowed the aforesaid application. Since the original document dated 17.5.1975 was very old and could not be traced, the photocopy can be treated as secondary evidence. Reliance is placed in the case of Gwalior Development Authority Vs. Dushyant Sharma and others, 2013 3 MPLJ 172.

(3.) Per contra, Shri Sourabh Soni, learned counsel for the respondents opposed the same and supported the impugned order.