ANAND RAM Vs. PADAM (DECD.)

JUDGEMENT

(1.) The petitioner before this Court, who is plaintiff, is aggrieved by order dated 05/12/2013 passed in Civil Suit No.57-A/2012 by Civil Judge, Class-II, Kasrawad, Distt. Khargone. By the aforesaid order the application preferred under Section 63-65 of the Indian Evidence Act seeking permission to lead secondary evidence, has been rejected.

(2.) The facts of the case reveal that plaintiff has filed a suit for declaration and possession in respect of agricultural land admeasuring 1.25 acrs bearing survey No.58 of Village Kakriyav, Tehsil Kasrawad, Distt. Khargone and thereafter, he has filed an application (Annex.-P/8) for leading secondary evidence, meaning thereby, he has produced a photocopy of the will on the basis of which relief was prayed for and the trial Court has rejected the application by the impugned order dated 05/12/2013.

(3.) In the case of Ramrao v. Natthu reported in AIR 2011 MP 195 coordinate Bench of this Court in paragraphs No.3 to 5 has held as under:-