SANTANDAL BELIATORE BRANCH Vs. PHANI BHUSAN NAG

JUDGEMENT

(1.) The impugned order dated 19.5.2018 passed by Learned Civil Judge (Junior Division), Additional Court at Bankura in Title Suit No.2 of 2011 accepting photocopy of an agreement as secondary evidence is the subject of challenge in this revisional application.

(2.) Mr. Sounak Bhattacharya, learned advocate for the petitioners disputing with the legality of the order submitted that the learned court below illegally exercised his authority while accepting photocopy of an agreement as secondary evidence without non production of the original being first accounted for by the defendants/opposite parties in such a manner as to bring it within one or the other of the cases provided for in Section 65 of the Evidence Act.

(3.) Learned advocate for the petitioners further submitted that in the absence of any foundational evidence being adduced by the defendant/opposite parties in authentication of the secondary evidence, the photocopy of the agreement ought not to have been accepted by the learned court below, as secondary evidence merely on account of early initiative being taken by the defendant by issuing summons to examine Gram Panchayat and on his denial to respond the summons.