PRAVIN Vs. GHANSHYAM AND OTHERS

JUDGEMENT

(1.) The petitioner/plaintiff has filed the present petition being aggrieved by the order dated 12.07.2017 (Annexure P/7) by which the application under Section 65 of the Evidence Act has been rejected and also against the order dated 06.11.2017 by which application under Order 16, Rule 11 of the CPC has been rejected.

(2.) The petitioner being a plaintiff filed suit for declaration and permanent injunction with regard to the land bearing Survey No. 32/2 and 32/5 total area 1.704 hectares of Village Nisharpur, Tehsil Kukshi, District Dhar. The land was owned by one Lt. Sitaram who expired on 29.08.2013. According to the petitioner, he had executed a Will dated 29.05.2003 in his favour and Lt. Sitaram had also adopted him. After the death of Sitaram, the petitioner became owner and agreed to sale the said land to one Parasram and Prakash vide agreement to sell dated 04.09.2013. The plaintiff is in possession of the land but the respondent No. 1 tried to destroy his standing crops, therefore, the petitioner filed suit for permanent injunction and declaration. The defendant No. 1 filed written statement denying the averments made in the plaint.

(3.) The plaintiff filed an application under section 63, 65 and 66 of the Indian Evidence Act that he gave a notice to the defendant but they denied the possession of the certain documents, therefore, he may be permitted to prove the Will, agreement to sale as a secondary evidence in the suit. The respondent denied the averments made in the application and thereafter, learned Trial Court vide order dated 12.07.2017 has rejected the application on the ground that the plaintiff has not filed any application in this plaint for production of the document by the defendant No. 1.